HomeMy WebLinkAboutORD 1374ORDINANCE NO. 1374
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING CHAPTERS 1.04 (GENERAL
PROVISIONS), 1.08 (CITATIONS FOR CODE VIOLATIONS), 1.12
(GENERAL PENALTY), 3.30 (PURCHASING SYSTEM AND PUBLIC
WORKS CONTRACTS), 8.12 (TRASH ENCLOSURES), 8.16 (SOLID
WASTE), 8.17 (RECYCLABLE MATERIALS), 8.19 (AUTOMATED
COLLECTION OF SOLID WASTE, RECYCLING AND GREEN
WASTE FOR ALL RESIDENTS), 8.80 (ADMINISTRATIVE
REMEDIES), 8.81 (ADMINISTRATIVE CITATIONS), 15 (BUILDING
AND CONSTRUCTION), AND 24.04 (WATER -EFFICIENT
LANDSCAPE) OF THE PALM DESERT MUNICIPAL CODE TO
UPDATE ORGANIC WASTE RECYCLING REQUIREMENTS FOR
RESIDENTS AND BUSINESSES IN COMPLIANCE WITH STATE
LAW (CALIFORNIA SENATE BILL 1383).
The City Council of the City of Palm Desert, DOES HEREBY ORDAIN, as
follows:
Section 1.04 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows:
' 1.04 GENERAL PROVISIONS
1.04.010 DEFINITIONS.
The following words and phrases, whenever used in this code, shall be construed as
defined in this section unless from the context a different meaning is intended or unless
a different meaning is specifically defined and more particularly directed to the use of
such words or phrases:
A. "City" means the City of Palm Desert, California, or the area within the territorial
limits of the City, and such territory outside of the City over which the City has
jurisdiction or control by virtue of any constitutional or statutory provision.
B. "Council' means the City Council of the City. "All its members" or "all
councilmembers" means the total number of Councilmembers holding office.
C. "County" means the county of Riverside.
D. "Law" denotes applicable federal law, the Constitution and statutes of the State
of California, the ordinances of the City, and, when appropriate, any and all rules and
regulations which may be promulgated thereunder.
I
E. "May" is permissive.
ORDINANCE NO. 1374
F. "Month" means a calendar month.
G. "Must" and "shall" are each mandatory. ,
H. "Oath" means and includes an affirmation or declaration in all cases in which, by
law, an affirmation may be substituted for an oath, and in such cases the words "swear"
and "sworn" shall be equivalent to the words "affirm" and "affirmed."
I. "Owner," applied to a building or land, includes any part owner, joint owner,
tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such
building or land.
J. "Person" means and includes a natural Person, joint venture, joint stock
company, partnership, association, club, company, corporation, business, trust,
organization, or the Manager, lessee, agent, servant, officer, or employee of any of
them.
K. "Personal Property" includes money, goods, chattels, things in action and
evidences of debt.
L. "Preceding" and "following" mean next before and next after, respectively.
M. "Property" includes Real and Personal Property.
N. "Real Property" includes lands, tenements and hereditaments. '
O. "Sidewalk" means that portion of a Street between the curbline and the adjacent
property line intended for the use of pedestrians.
P. "State" means the State of California.
Q. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places,
squares, curbs, or other public ways in the City which have been or may hereafter be
dedicated and open to public use, or such other public property so designated in any
law of the State.
R. "Tenant" and "Occupant," applied to a building or land, include any Person who
occupies the whole or a part of such building or land, whether alone or with others.
S. Title of Office. Use of the title of any officer, employee, Department, board, or
commission means that officer, employee, Department, board, or commission of the
City.
T. "Written" includes printed, typewritten, mimeographed, multigraphed, or
otherwise reproduced in permanent visible form.
U. "Year' means a calendar year.
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ORDINANCE NO. 1374
' 1,04,020 INTERPRETATION OF LANGUAGE.
All words and phrases shall be construed according to the common and approved
usage of the language, but technical words and phrases and such others as may have
acquired a peculiar and appropriate meaning in the law shall be construed and
understood according to such peculiar and appropriate meaning.
1.04.030 GRAMMATICAL INTERPRETATION.
The following grammatical rules shall apply in this code, unless it is apparent from
the context that a different construction is intended:
A. Each gender includes the masculine, feminine and neuter genders.
B. The singular number includes the plural and the plural includes the singular.
C. Words used in the present tense include the past and the future tenses and
vice versa, unless manifestly inapplicable.
1.04.040 ACT'BY AGENT DEEMED ACT BY PRINCIPAL.
When an act is required by this code, the same being such that it may be done as
' well by an agent as by the principal, such requirements shall be construed to include all
such acts performed by an authorized agent.
1.04.050 PROHIBITED ACTS INCLUDE CAUSING AND PERMITTING.
Whenever in this code any act or omission is made unlawful, it includes causing,
allowing, permitting, aiding, abetting, suffering, or concealing the fact of the act or
omission.
1.04.060 COMPUTATION OF TIME.
Except when otherwise provided, the time within which an act is required to be done
shall be computed by excluding the first day and including the last day, unless the last
day is Sunday or a holiday, in which case it shall also be excluded.
1.04.070 CONSTRUCTION.
The provisions of this code and all proceedings under it are to be construed with a
view to effect its objects and to promote justice.
1.04.080 REPEAL NOT TO REVIVE ANY ORDINANCES.
' The repeal of an ordinance shall not repeal the repealing clause of an ordinance or
revive any ordinance which has been repealed thereby.
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ORDINANCE NO. 1374
1.04.090 RIGHT OF CITY TO BRING LEGAL ACTION. '
In addition to the remedies set forth in this code, the City Council is authorized to
bring a legal action in a court of competent jurisdiction for the recovery of any moneys
expended by it in order to enforce the provisions of this code. In the event that legal
action is brought by the City against any individual, corporation, association or entity,
reasonable Attorney's fees and costs shall constitute a debt owing by the individual,
corporation, association or entity to the City. After the action is brought and the service
of the summons and complaint has been made upon the individual, corporation,
association or entity and a judgment has been obtained by the City, the City may
enforce the judgment by execution and sale in accordance with the procedures set forth
by law for the enforcement of judgments. The judgments shall bear interest at the rate
of ten percent per year and shall include reasonable Attorney's fees and costs of suit.
The remedy as set forth in this section shall be nonexclusive and the City may pursue
any or all of the remedies as contained in this code for the enforcement of this code.
1.04.095 RECOVERY OF ATTORNEYS' FEES IN NUISANCE ABATEMENT ACTION.
In any action, administrative proceeding or special proceeding, brought by the city to
abate a nuisance, the prevailing party shall be entitled to a recovery'of reasonable
Attorneys' fees. This section shall apply only if the City elects, at the initiation of the
individual action or proceeding, to seek recovery of its own Attorneys' fees. The amount
of Attorneys' fees in the action, administrative proceeding or special proceeding, shall ,
not exceed the amount of reasonable Attorneys' fees incurred by the City in the action
or proceeding.
1.04.100 JUDICIAL REVIEW —ADMINISTRATIVE DECISIONS.
The City Council adopts California Code of Civil Procedure Section 1094.6, which
defines the time period in which judicial review may be requested for certain final
administrative decisions and orders under California Code of Civil Procedure Section
1094.5. Pursuant to Section 1094.6(f), the City clerk shall provide notice to any party to
a final decision indicating that the time within which judicial review must be sought is
governed by California Code of Civil Procedure Section 1094.6.
Section 1.08 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows:
1.08 CITATIONS FOR CODE VIOLATIONS
1.08.010 AUTHORITY OF CITY MANAGER.
The City Manager and/or their designated representative in the Code Compliance
Division shall have the power to issue misdemeanor or infraction citations only with
respect to any violation of any section of the municipal code except those specific codes ,
administered solely by the fire department and police department. The City Manager
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ORDINANCE NO. 1374
' 1,04.090 RIGHT OF CITY TO BRING LEGAL ACTION.
In addition to the remedies set forth in this code, the City Council is authorized to
bring a legal action in a court of competent jurisdiction for the recovery of any moneys
expended by it in order to enforce the provisions of this code. In the event that legal
action is brought by the City against any individual, corporation, association or entity,
reasonable Attorney's fees and costs shall constitute a debt owing by the individual,
corporation, association or entity to the City. After the action is brought and the service
of the summons and complaint has been made upon the individual, corporation,
association or entity and a judgment has been obtained by the City, the City may
enforce the judgment by execution and sale in accordance with the procedures set forth
by law for the enforcement of judgments. The judgments shall bear interest at the rate
of ten percent per year and shall include reasonable Attorney's fees and costs of suit.
The remedy as set forth in this section shall be nonexclusive and the City may pursue
any or all of the remedies as contained in this code for the enforcement of this code.
1.04.095 RECOVERY OF ATTORNEYS' FEES IN NUISANCE ABATEMENT ACTION.
In any action, administrative proceeding or special proceeding, brought by the city to
abate a nuisance, the prevailing party shall be entitled to a recovery of reasonable
Attorneys' fees. This section shall apply only if the City elects, at the initiation of the
individual action or proceeding, to seek recovery of its own Attorneys' fees. The amount
' of Attorneys' fees in the action, administrative proceeding or special proceeding, shall
not exceed the amount of reasonable Attorneys' fees incurred by the City in the action
or proceeding.
1.04.100 JUDICIAL REVIEW —ADMINISTRATIVE DECISIONS.
The City Council adopts California Code of Civil Procedure Section 1094.6, which
defines the time period in which judicial review may be requested for certain final
administrative decisions and orders under California Code of Civil Procedure Section
1094.5. Pursuant to Section 1094.6(f), the City clerk shall provide notice to any party to
a final decision indicating that the time within which judicial review must be sought is
governed by California Code of Civil Procedure Section 1094.6.
Section 1.08 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows.
1.08 CITATIONS FOR CODE VIOLATIONS
1.08.010 AUTHORITY OF CITY MANAGER.
The City Manager and/or their designated representative in the Code Compliance
' Division shall have the power to issue misdemeanor or infraction citations only with
respect to any violation of any section of the municipal code except those specific codes
administered solely by the fire department and police department. The City Manager
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ORDINANCE NO. 1374
and/or their designated representative acting as the fire marshal and/or fire inspector
shall have the power to issue misdemeanor or infraction citations only with respect to ,
any violation of any section of the Uniform Fire Code adopted by the Palm Desert
Municipal Code. However, the City Manager and/or their designated representative
shall have the power to issue citations for nonmoving traffic violations.
Section 1.12 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows:
1.12 GENERAL PENALTY
1.12.010 GENERAL PENALTY —CONTINUING VIOLATIONS.
Whenever in this code or in any other ordinance of the City, or in any resolution of
the City adopted in accordance with the provisions of this code, any act is prohibited or
is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any
act is required or the failure to do any act is declared to be unlawful or any offense or a
misdemeanor, where no specific penalty is provided therefor, the violation of any such
provision of this code or any other ordinance of the City shall be punished by a fine not
exceeding one thousand dollars or imprisonment for a term not exceeding six months,
or by both such fine and imprisonment.
Unless otherwise indicated to the court upon filing or upon motion of the City '
Attorney, all violations of this code shall be prosecuted as infractions and the term of
imprisonment referred to above shall not be applicable. In unusual situations where
there are repeated offenses or where the violation is particularly detrimental, the
violation presently designated in this code as a misdemeanor may be prosecuted as a
misdemeanor on motion of the City Attorney.
1.12.040 SEPARATE OFFENSE EACH DAY.
Except in cases where a different penalty is prescribed by any ordinance of the City,
each Person is guilty of a separate offense for each and every day during any portion of
which any violation of any provision of the ordinances of the City is committed,
continued, or permitted by any such Person, and shall be punishable accordingly.
Section 3.30 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows:
3.30 PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS
3.30.010 PURPOSE.
The purpose of this chapter is to prescribe efficient policies and procedures for the
procurement of Public Works projects, Contractual Services, Professional Services, and ,
materials, supplies, and equipment to better serve the City's residents. All purchasing
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ORDINANCE NO. 1374
will be done with absolute integrity and equal opportunity will be provided to all, free of
' discrimination.
3.30.020 DEFINITIONS.
The following terms, whenever used in this chapter, shall be construed as follows:
"Contractual Services" mean all services, other than Professional Services, including,
but not limited to, repairs, maintenance work, and rental equipment. The term does not
include services rendered by City officers or employees.
"Department" or "Agency" means a Department, Agency, or other unit of the City
government whose affairs and funds are under the supervision and control of the City
Council.
"Designated Position" means a City staff position authorized by the City Manager to
make purchases consistent with this chapter subject to dollar limits set by the City
Manager.
"Local Business" means a vendor, contractor, or consultant who has a valid physical
business address located within one of the nine incorporated cities of the Coachella
Valley, or within an unincorporated area of Riverside County in the Coachella Valley
' within the boundaries of the Coachella Valley Association of Governments, at least six
months prior to bid or proposal opening date, from which the vendor, contractor, or
consultant operates or performs business on a day-to-day basis, and holds a valid
business license by a jurisdiction located in the Coachella Valley. Post office boxes are
not verifiable and shall not be used for the purpose of establishing such physical
address.
"Materials, Supplies, and Equipment" means any and all articles, things, or Property,
other than Real Property, furnished to be used by any City Agency.
"Paper Products" include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling,
or as otherwise defined in 14 CCR Section 18982(a)(51).
"Printing and Writing Papers" include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Professional Services" means all services performed in a professional occupation
including, but not limited to, accounting, auditing, appraising, computer hardware and
' software support, engineering, architectural, planning, environmental, redevelopment,
financial, economic, social services, legal, construction project management,
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ORDINANCE NO. 1374
communications, land surveying and other similar professional functions which may be
necessary for the operation of the City. '
"Public Project" or "Public Works" means:
1. A project for the erection, improvement, painting, or repair of public buildings and
works.
2. Work in or about streams, embankments, or other works for protection against
overflow.
3. Street or sewer work except maintenance or repair.
"Prime contractor" means the contractor who contracts directly with the City.
"Purchasing" means the procurement of Public Projects, Contractual Services,
Professional Services, and materials, supplies, and equipment as needed by the City.
"Recycled -Content Paper" means Paper Products and Printing and Writing Paper that
consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as
otherwise defined in 14 CCR Section 18982(a)(61).
"Subcontractor" means a contractor who contracts directly with the prime contractor.
3.30.030 PURCHASING OFFICER. '
The Purchasing Officer shall be the City Manager or designee. The City Manager may
delegate some or all of the duties of that position to one or more subordinate
employees. The Purchasing Officer shall supervise the Purchasing functions of the City.
The Purchasing Officer is authorized to establish methods and procedures for efficient
and economical Purchasing.
3.30.040 PURCHASING OFFICER —POWERS AND DUTIES.
The Purchasing Officer, in accordance with this chapter and any written policies and/or
procedures approved by the City Manager consistent with this chapter, shall have the
power to:
A. Purchase and Contract. Purchase or contract for Public Projects, Contractual
Services, Professional Services, and Materials, Supplies, and Equipment
required by the City.
B. Purchasing Policies Procedures. Prepare and implement policies and procedures
governing the bidding, contracting, and Purchasing of Public Projects,
Contractual Services, Professional Services, and Materials, Supplies, and
Equipment for the City.
C. Forms. Prescribe and maintain such forms as may be reasonably necessary to
the implementation of this chapter and any other policies and procedures '
approved by the City Manager consistent with this chapter.
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ORDINANCE NO. 1374
D. Surplus Materials, Supplies, and Equipment. Establish policies and procedures to
' sell, repurpose or Dispose of any Materials, Supplies, and Equipment not needed
for public use or that are obsolete, damaged beyond repair, or may become
unsuitable for their intended use including establishing value thresholds for
surplus.
E. Purchase for Resale. May, by adopting a procedure approved by the City
Manager, authorize the purchase of Materials, Supplies, and Equipment for
resale from such enterprises as the golf course, or visitor's center to obtain the
best possible price for the desired merchandise. Such purchases shall not be
subject to the award limits noted in this chapter, provided funding is available
within the appropriated budget.
F. Bidder, Contractor and Vendor Lists and Catalogs. Develop and maintain any
bidder's list, contractor's list or vendor's list necessary to the operation of this
chapter and any other policies and procedures approved by the City Manager
consistent with this chapter.
G. Recycled Product Procurement Policy. Establish and maintain procedures and
specifications for the purchase of Recycled -Content Paper and Recycled -Content
Paper Products as described in Section 3.30.190.B.4.
3.30.190 PREFERENCE FOR RECYCLED CONTENT.
A. Environmentally Preferable Practices: The City will act to make resource
' conservation an integral part of its waste reduction and recycling programs. The
practice of discarding materials used in the City facilities is wasteful of natural
resources, energy, and money.
1. The City will integrate the concept of resource conservation, including
waste reduction and recycling, into its environmental programs.
2. The City will decrease the amount of waste of consumable materials by:
a. Reducing the consumption of consumable material wherever possible.
b. Fully utilizing all material prior to Disposal.
c. Minimizing the use of nonbiodegradable products wherever possible.
3. The City will cooperate with, and participate in, recycling efforts being
made by the City and County. As systems for recovering waste and
recycling develop within the City limits, the City will participate by
appropriately separating and allowing recovery of recyclable waste
products.
4. All vendors providing Paper Products and printing and writing paper shall:
a. Provide Recycled -Content Paper Products and Recycled -Content
Printing and Writing
Paper that consists of at least thirty percent (30%), by fiber weight,
postconsumer fiber, if fitness and quality are equal, and available at
equal or lesser price.
b. Provide Paper Products and Printing and Writing Paper that meet
' Federal Trade Commission recyclability standard as defined in 16
Code of Federal Regulations (CFR) Section 260.12.
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ORDINANCE NO. 1374
c. Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing ,
Paper offered or sold to the City. This certification requirement may be
waived if the percentage of postconsumer material in the Paper
Products, Printing and Writing Paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor internet
website.
d. Certify in writing, on invoices or receipts provided, that the Paper
Products and Printing and Writing Paper offered or sold to the City is
eligible to be labeled with an unqualified recyclable label as defined in
16 Code of Federal Regulations (CFR) Section 260.12.
B. Representatives of the City will actively advocate, where appropriate, for
resource conservation practices to be adopted at the local, regional, and national levels.
Section 8.12 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows:
8.12 DISCARDED MATERIAL ENCLOSURES
8.12.005 DEFINITION OF TERM.
Within this chapter, the term "Discarded Material enclosures" is defined hereinafter as
an enclosure for Solid Waste, recyclable materials, and Organic Materials Containers ,
unless otherwise specified. All definitions from Chapter 8.16 will also apply in this
Chapter 8.12.
8.12.010 REQUIREMENTS.
In order to protect Persons against hazardous conditions and safeguard the public
welfare by preventing unsightly storage of Discarded Materials that may devalue the
neighborhood and community, the City Council requires Discarded Material enclosures
to be provided for all new construction, constructed additions that result in an increase
of thirty percent (30%) or more in floor area within a 12 month period, multifamily, office,
institutional, commercial, and manufacturing uses in any zone district in the City. All
such enclosures shall be constructed in accordance with specifications approved and
on file with the City Manager and the building division. Required building permits shall
not be issued until the City Manager has approved the size, design, and location of said
enclosures. Discarded material enclosures may be combined for more than one
Generator, provided the capacity is adequate for all Generators.
8.12.020 EXCEPTIONS.
Temporary use of twelve -cubic -yard Containers or larger, or temporary compactors for
cleanup of lots or buildings shall not be required to be enclosed.
8.12.030 ENCLOSURE CONSTRUCTION STANDARDS. '
ORDINANCE NO. 1374
Discarded material enclosures shall be of adequate size to contain, at minimum, a Solid
' Waste, a Recyclable Materials, and an Organic Materials Container that meet the needs
of the facility as required by the California Code of Regulations, Title 23, the California
Green Building Standards Code, Chapter 4 Residential Mandatory Measures, and
Chapter 5 Nonresidential Mandatory Measures. Minimum construction standards shall
be as designated in Exhibits A, B, C, and D as amended of the ordinance codified in this
chapter or as approved by the director of public works or designee. Enclosure(s) shall
be of adequate size to accommodate facility's size and use, properly located for
functional use by the user and the disposal company, view -obscured from all sides, and
built of approved materials compatible to the buildings, walls, and surroundings.
EXHIBIT A
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METAOATES
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ORDINANCE NO. 1374
EXHIBIT A.
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ORDINANCE NO. 1374
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NUAIM EXHIBIT B
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ORDINANCE NO. 1374
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ORDINANCE NO. 1374
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ORDINANCE NO. 1374
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CONSTRUCTION,STANDARDS
1)Walsare.tobo of decorative block,
masonry,,or similar i4terlets, (Not
precision block)
2) Gates ere lobe solid construction.
3) Pedestrian access is required if In
multi�iamily,or muliiftenarttareas. Consult
with 6 Building Department for those
4) D06ie swing, gates5hall have the
swhrel.sppis outside of the apehing,area
of th @:enclosure. Swivei:points sh_ all be
etlached to conerele'Ne'd steel
postsicoiunms at eridsof Wells.
'5) Ericlosure shall be on a Level pad at
ground level.,The.area between the pad
and the pick up area shaltbc,Wed area
6,""deep-for the wtdtfi of the enclosure:and
shall riot exceed.'agrade of 2 petcer t.
6`OR8'
DECORATIVE _BLOCK
04 HORIZONTAL REBAR
(USE BCNDBEAM BLOCIQ
#4 VERTIQAL r,
STEEL @24"O,Q:, !
FULLYGROI)TId
d-, YYNYKtI r .2" min.
SLAB FLOOR 'Cover
1-#4BAR •a•�.
OONTINUOUS:b
II =1111
srsnunum I
Extend slab In front of II
. endosure .�
a.
fill=
IIIh_ rw ,
Minimum I
diameter
-TRASH ENCLOSURE
DOOR FOOTING .
DETAIL "B
8.12.040 Size.
I EVERY— 3" tnin.
BEND I t
r. . 28.
to BLOCK ENCLOSURE
Ke• DETAIL "A"
SIZE REQUIREMENTS
6)'Enclosures shall be configured, ata
minimum of 24'2" deep and 1Z wide and a
6' high decorative wail with a sight
.obscuring gate, unless otherwise approved
by the Director'of Special Programs.,
(Specific.des1jn criteria refer to, Exhibit A, B,
of C)
7) Each bay shall have a separate pair of
gates(doors that comply Wlth'itein #2 above.
'81Iiinlmum Wall and gate height to be 6'-0",
CITY of PALM DESERT
BUILDINti DEPARTMENT
Accessible Trash Enclosure
P( v"77s4m ,73410 Fred Waring Dr:: Palm Desert, CA. 92260
F3c(rt9!?r'G4,M 512k608 I '2 of 2'
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ORDINANCE NO. 1374
The normal enclosure area for Discarded Materials shall be of a minimum size to
enclose all required Containers, with a six-foot, six-inch, ramp approach, and a six-foot- '
high decorative wall and sight -obscuring gate. Equal space within the enclosures shall
be given to Recyclable Materials, Organic Materials, and Solid Waste Containers. More
space may be given to the recyclable Materials Container and/or the Organic Materials
Container. Deviation in size may be made by the director of public works or their
designee.
8.12.050 INSTALLATION.
All existing developments described in Section 8.12.010 shall install approved
Discarded Material enclosures within one year from the date of approval of the
ordinance codified in this chapter, and within thirty days of the official notification by the
City of any violation to this chapter.
8.12.060 VIOLATION —PENALTY.
It is unlawful for any Person to violate any provision or fail to comply with any of the
requirements of this chapter. Any Person violating any provision of this chapter or failing
to comply with any of the requirements is deemed guilty of a misdemeanor in
accordance with Chapter 1.12 of this code.
Section 8.16 of the Code of the City of Palm Desert, California, is hereby amended '
to read as follows:
8.16 SOLID WASTE
8.16.010 DEFINITIONS.
As used in this chapter and Chapters 8.12, 8.17, 8.19, 8.80, and 8.81, the following
words and phrases are defined and shall be construed as hereinafter set forth, unless it
is apparent from the context that a different meaning was intended. If a term or word is
not specifically defined herein but is defined in the California Integrated Waste
Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) it
shall have the meaning prescribed therein.
"CalRecycle" means California's Department of Resources Recycling and Recovery or
its successor.
"Citation" or "administrative citation" means an administrative citation issued pursuant to
Chapter 1 of this code.
"City" means the City of Palm Desert, California.
"City Council" means the City Council of the City of Palm Desert, California. '
"City Manager" means the City Manager of the City of Palm Desert, or their Designee.
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ORDINANCE NO. 1374
"City -Regulated Recycle Containers," as used in this chapter and associated thereto,
means all Containers provided by the City or the Franchise Waste Hauler(s) of the City
for the Collection of Recyclable Materials.
"Collect" or "Collection" means the act of Collecting Solid Waste, including Recyclable
Materials and Organic Waste, at or near the place of generation by a Franchise Waste
Hauler, and the physical possession, transport, and removal of such materials.
"Commercial" or "Commercial Business" means any building or site in any zone of the
City, other than Residential Premises, from which any business, service, non-profit,
governmental, institutional, commercial, or industrial activity is conducted, including,
without limitation, motels, hotels, recreational vehicle parks, Restaurants, professional
offices, clubhouses, places of entertainment, manufacturing plants, and private schools,
or a Multifamily Residential Dwelling, or as otherwise defined in 14 CCR Section
18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5)
units is not a Commercial Business for purposes of implementing this ordinance.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined in Chapter 8.16.010 of this ordinance or as otherwise
defined in 14 CCR Section 18982(a) (73) and (a) (74). For the purposes of this
' definition, food recovery organizations and food recovery services are not Commercial
Edible Food Generators pursuant to 14 CCR Section 18982(a) (7).
"Community Composting" means any activity that composts Organic Material,
agricultural material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and Compost on -site at any one time
does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section
17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
"Compliance Review" means a review of records by the City to determine compliance
with this chapter.
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as
of the effective date of this ordinance, that "Compost" means the product resulting from
the controlled biological decomposition of organic Solid Wastes that are source
separated from the municipal Solid Waste stream, or which are separated at a
centralized facility.
"Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the
ASTM D6400 standard required for a material to be compostable, or as otherwise
specified by 14 CCR Section 18982(a)(18).
"Contaminated" or "Contamination" (or any variation thereof) means a Container
containing:
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ORDINANCE NO. 1374
A. Discarded materials placed in a Blue Container that are not identified as
Recyclable Materials. '
B. Discarded materials placed in a Green Container that are not identified as
Organic Materials.
C. Discarded materials placed in a Gray Container that are identified as Recyclable
Materials and/or Organic Materials, which are to be separately Collected.
D. Excluded Waste placed in any Container.
"Container(s)" means a receptacle for temporary storage of Discarded Materials.
Containers include, but are not limited to, bins, carts, roll -off boxes, split bins,
compactors, cans, buckets, or other storage instruments.
"Container Contamination" or "Contaminated Container" means a Container, regardless
of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14
CCR Section 18982(a)(55).
"Construction and Demolition Debris," C&D Waste," or "C&D Material" means any
combination of inert building materials and Solid Waste resulting from construction,
remodeling, repair, cleanup, or demolition operations as defined in 22 CCR Section
66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland
cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated
packaging; roofing material, ceramic tile, carpeting, plastic pipe, and steel. The material
may be commingled with rock, soil, tree stumps, and other vegetative matter resulting '
from land clearing and landscaping for construction or land development projects.
"County" means Riverside County.
"Curbside Programs," as used in this chapter and associated thereto, means the
location where City -owned Discarded Materials shall be placed and picked up by the
City, or Franchise Waste Hauler(s) of the City.
"Designated Source Separated Organic Waste Facility" shall have the same definition
as 14 CCR § 18982(14.5).
"Designee" means an entity that the City contracts with or otherwise arranges to carry
out any of the City's responsibilities of this chapter and as authorized in 14 CCR Section
18981.2. A Designee may be a government entity, a waste hauler, a private entity, or a
combination of those entities.
"Discarded Material" means Recyclable Materials, Organic Materials, and/or other Solid
Waste, in all cases where a fee or other compensation, in any form or amount, is
directly or indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid
by, the Generator in exchange for handling services. As used herein, handling services
include, without limitation, the Collection, removal, transportation, delivery, Recycling,
Processing and/or Disposal of the material. Discarded materials do not include Edible '
Food that is recovered for human consumption and is not discarded. Discarded
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ORDINANCE NO. 1374
materials include source separated Recyclable Materials, source separated Organic
Materials, Food Waste, Solid Waste, bulky items, and C&D debris once the materials
have been placed in Containers for Collection or, if not placed in Containers for
Collection, placed properly for Collection.
"Disposal" or "Disposed" means the ultimate disposition of Discarded Materials at a
landfill or otherwise in full regulatory compliance. "Disposal" does not include Recycling
or Organic Materials Processing.
"Divert" or "Diversion" (or any variation thereof) means to prevent Discarded Materials
from being Disposed of at a landfill or transformation facilities, (including facilities using
incineration, pyrolysis, distillation, gasification, or biological conversion methods)
through source reduction, reuse, Recycling, Composting, anaerobic digestion, or other
method of Processing.
"Dwelling" means the individual private Premises contained in any building intended,
whether occupied or not, as the residence for one household, regardless of the number
of individuals in the household. A building may contain more than one Dwelling Unit. A
"Dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent
centers.
"Edible Food" means food intended for human consumption, or as otherwise defined in
' 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise
defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is
recovered and not discarded.
"Enforcement Action" means an action of the City to address non-compliance with this
ordinance including, but not limited to, issuing Administrative Citations, fines, penalties,
or using other remedies.
"Excluded Waste" or "Prohibited Waste" means hazardous substances, hazardous
waste, infectious waste, designated waste, volatile, corrosive, medical waste, sharps,
infectious, regulated radioactive waste, and toxic substances or material that facility
operator(s), which receive materials from the City and its Generators, reasonably
believe(s) would, as a result of or upon acceptance, transfer, Processing, or disposal,
be a violation of local, State, or Federal law, regulation, or ordinance, including: land
use restrictions or conditions, waste that cannot be disposed of in Class III landfills or
accepted at the facility by permit conditions, waste that in the City's, or its Designee's,
reasonable opinion would present a significant risk to human health or the environment,
cause a nuisance or otherwise create or expose the City, or its Designee, to potential
liability; but not including de minimis volumes or concentrations of waste of a type and
amount normally found in single-family or Multi -Family Solid Waste after implementation
of programs for the safe Collection, Processing, recycling, treatment, and disposal of
batterjes and paint in compliance with Sections 41500 and 41802 of the California
' Public Resources Code. Excluded Waste does not include electronic waste, universal
waste, used motor oil and filters, or household batteries when such materials are
defined as allowable materials for Collection through the City's Collection programs and
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ORDINANCE NO. 1374
the Generator has properly placed the materials for Collection pursuant to instructions
provided by the City or its Designee for Collection services. '
"Food Distributor' means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR
Section 18982(a)(22).
"Food Facility" has the same meaning as in Section 113789 of the Health and Safety
Code.
"Food Recovery" means actions to collect and distribute food for human consumption
which otherwise would be disposed of, or as otherwise defined in 14 CCR Section
18982(a)(24).
"Food Recovery Organization" means an entity that engages in the collection or receipt
of Edible Food from Commercial Edible Food Generators and distributes that Edible
Food to the public for Food Recovery either directly or through other entities, including,
but not limited to:
A. A food bank as defined in Section 113783 of the Health and Safety Code.
B. A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code.
c. A nonprofit charitable temporary Food Facility as defined in Section 113842 of
the Health and Safety Code. '
"Food Recovery Service" means a Person who or entity that collects and transports
Edible Food from a Commercial Edible Food Generator to a food recovery organization
or other entities for food recovery, or as otherwise defined in 14 CCR Section
18982(a)(26).
"Food Scraps" includes, but is not limited to, fruits, vegetables, meat, poultry, seafood,
shellfish, bones, rice, beans, pasta, grains, bread, cheese, and eggshells. Food Scraps
excludes fats, oils, and grease when such materials are Source Separated from other
Food Scraps.
"Food Service Provider" means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on
contractual arrangements with these types of organizations, or as otherwise defined in
14 CCR Section 18982(a)(27).
"Food -Soiled Paper' is paper material that has come in contact with food or liquid, such
as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk
cartons. Food -Soiled Paper excludes Non-Compostable Paper.
"Food Waste" means Food Scraps separated from Solid Waste and offered for
Collection by Franchise Waste Hauler, that will decompose and/or putrefy including (1) '
all kitchen and table Food Waste, and animal or vegetable waste that attends or results
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ORDINANCE NO. 1374
from the storage, preparation, cooking, or handling of food stuffs; and (ii) Food -Soiled
' Paper.
"Franchise Agreement" means an agreement made by the City with a Franchise Waste
Hauler for the Collection of Recyclable Materials, Organic Material and/or Solid Waste.
"Franchise Waste Hauler' shall mean any Person, Persons, firm, or corporation to
whom a Franchise Agreement has been granted by the City for the Collection,
Processing, Recycling, and Disposal of Discarded Materials.
"Generator" means a Person or entity that is responsible for the initial creation of one or
more types of Discarded Materials.
"Hauler Route" means the designated itinerary or sequence of stops for each segment
of the City's Collection service area, or as otherwise defined in 14 CCR Section
18982(a)(31.5).
"Hazardous Material " is defined to include any hazardous or toxic substance, material
or waste which is or becomes regulated by any local governmental authority, the State
of California, or the United States Government. The term "Hazardous Material" includes,
without limitation, any material or substance which is: (i) petroleum or oil or gas or any
direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste,"
"extremely hazardous waste" or "restricted hazardous waste" under Sections 25115,
' 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and
Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a
"hazardous substance" under Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account
Act); (iv) defined as a "Hazardous Material," "hazardous substance," or "hazardous
waste" under Sections 255010) and (k) and 25501.1 of the California Health and Safety
Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
Inventory); (v) defined as a "hazardous substance" under Section 25281 of the
California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the
California Health and Safety Code; (vii) asbestos; (viii) listed under Captor 11 of Division
4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or
extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California
Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the
Porter -Cologne Act, Section 13050 of the California Water Code; (x) designated as a
"toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section
1317; (xi) defined as " hazardous waste" pursuant to the Federal Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903);
(xii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 6901); (xiii) defined as
"Hazardous Material" pursuant to the Hazardous Materials Transportation Act 29 U.S.C.
I
Section 5101, et seq.; or (xiv) defined as such or regulated by any "Superfund" or
"Superlien" law, or any other federal, State or local law, statute, ordinance, code, rule,
regulation, order or decree regulating, relating to, or imposing liability or standards of
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ORDINANCE NO. 1374
conduct concerning Hazardous Materials and/or oil wells and/or underground storage
tanks and/or pipelines, as now, or at any time hereafter, in effect. '
"Hazardous Waste" means all substances defined as hazardous waste, acutely
hazardous waste, or extremely hazardous waste by the State of California in Health and
Safety Code §25110.02, §25115, and §25117 or in the future amendments to or
recodifications of such statutes or identified and listed as hazardous waste by the US
Environmental Protection Agency (EPA), pursuant to the Federal Resource
Conservation and Recovery Act (42 USC §6901 et seg.).
"Health Officer' includes the Health Officer or other agent of the Health Department of
County, and shall include duly authorized personnel of the State Department of Health
Services in the enforcement of applicable State law, City ordinance, or State or County
rule or regulation in aid thereof.
"High Diversion Organic Waste Processing Facility" means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or
exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent
between January 1, 2022 and December 31, 2024, and 75 percent after January 1,
2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received
from the "Mixed waste organic collection stream" as defined in 14 CCR Section
17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
"Inspection" means a site visit where a Designee of the City reviews records, '
Containers, and an entity's Collection, handling, Recycling, or landfill Disposal of
Discarded Materials or Edible Food handling to determine if the entity is complying with
requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section
18982(a)(35).
"Large Event" means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a Local Agency, and serves
an average of more than 2,000 individuals per day of operation of the event, at a
location that includes, but not limited to, a public, nonprofit, or privately owned park,
parking lot, golf course, Street system, or other open space when being used for an
event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the
definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
"Large Venue" means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this ordinance and implementation of 14
CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public,
nonprofit, or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse
track, performing arts center, fairground, museum, theater, or other public attraction
facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, ,
Chapter 12, a site under common ownership or control that includes more than one
Large Venue that is contiguous with other Large Venues in the site, is a single Large
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ORDINANCE NO. 1374
Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the
' definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
"Local Education Agency" means a school district, charter school, or County office of
education that is not subject to the control of City or County regulations related to Solid
Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Multi -Family", "Multi -Family Residential Dwelling," or "Multi -Family Premises," for the
purpose of SB 1383 means of, from, or pertaining to Residential Premises with five (5)
or more Dwelling Units. Multi -Family Premises do not include hotels, motels, or other
transient occupancy facilities, which are considered Commercial Businesses.
References to "Multi -Family Dwelling Unit" refer to an individual residential unit of the
Multi -Family Premises.
"Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the Composting process, or as otherwise defined in
14 CCR Section 18982(a)(41).
"Non -Local Entity" means the following entities that are not subject to the City's
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
A. Special district(s) located within the boundaries of the City.
B. Federal facilities located within the boundaries of the City.
' C. Public universities (including community colleges) located within the boundaries
of the City.
D. State agencies located within the boundaries of the City.
"Non -Organic Recyclables" means non-putrescible and non -hazardous Recyclable
Materials, including but not limited to bottles, cans, metals, plastics, and glass, or as
otherwise defined in 14 CCR Section 18982(a)(43).
"Notice of Violation" or "(NOV)" means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as otherwise defined
in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
"Organic Materials" are defined as Food Waste, Yard Waste, landscape and pruning
waste, nonhazardous wood waste, and Food -Soiled Paper waste that is mixed in with
Food Waste. No Discarded Material shall be considered to be Organic Materials,
however, unless it is separated from Recyclable Materials and Solid Waste. Organic
Materials are a subset of Organic Waste.
"Organic Materials Container" or "Green Container" means a Container designated for
the Collection of Organic Materials.
' "Organic Waste" means Solid Waste containing material originated from living
organisms and their metabolic waste products, including but not limited to Food Waste,
Food Scraps, Yard Waste, organic textiles and carpets, lumber, wood, Paper Products,
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ORDINANCE NO. 1374
printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise
defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 I
CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
"Paper Products" include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling,
or as otherwise defined in 14 CCR Section 18982(a)(51).
"Person" means an individual, group of individuals, and/or any legal entity recognized by
the laws of the State.
"Premises" means and includes any land, building and/or structure, or portion thereof, in
the City where Discarded Materials are produced, generated, or accumulated. All
structures on the same legal parcel which are owned by the same Person shall be
considered as one Premises.
"Processing" means the controlled separation, recovery, volume reduction, conversion,
or recycling of Solid Waste including, but not limited to, organized, manual, automated,
or mechanical sorting, the use of vehicles for spreading of waste for the purpose of
recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction
equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
"Prohibited Container Contaminants" means:
A. Discarded Materials placed in the Recyclable Materials Container that are not
identified as acceptable Source Separated Recyclable Materials for the City's
Recyclable Materials Container.
B. Discarded Materials placed in the Organic Materials Container that are not
identified as acceptable Source Separated Organic Materials for the City's
Organic Materials Container.
C. Discarded Materials placed in the Solid Waste Container that are acceptable
Source Separated Recyclable Materials and/or Source Separated Organic
Materials to be placed in City's Organic Materials Container and/or Recyclable
Materials Container.
D. Excluded Waste placed in any Container.
"Record Owner" means the Owner of a parcel whose name and address appear on the
last equalized secured property tax assessment roll, or in the case of any public entity,
the State of California, or the United States, means the representative of that public
entity at the address of that entity known to the Agency.
"Recycle" or "Recycling" means the process of Collecting, sorting, cleansing, treating,
and reconfiguring Recyclable Materials for the purpose of returning them to the
economic mainstream in the form of raw materials for new, reused, or reconstituted
products which meet the quality standards necessary to be used in the marketplace. ,
Recycling includes processes deemed to constitute a reduction of landfill Disposal
pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include
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ORDINANCE NO. 1374
gasification or transformation as defined in Public Resources Code Section 40201. The
' Collection, transportation, or Disposal of Solid Waste not intended for, or capable of,
reuse is not Recycling.
"Recycling Business," as used in this chapter and associated thereto, means any
Person or Persons, firm, partnership, joint venture, association, or corporation engaged
in the Collection and Recycling of Recyclable Materials.
"Recyclable Materials" or "Recyclables" means those Discarded Materials that capable
of being set out by Generators in Recyclables Containers for Collection for the purpose
of Recycling. Recyclable Materials shall include, but not be limited to:
A. Newspaper (including inserts, coupons, and store advertisements);
B.
Mixed paper (including office paper, computer paper, magazines, junk mail,
catalogs, brown paper bags, brown paper, paperboard, paper egg cartons,
telephone books, colored paper, construction paper, envelopes, legal pad
backings, shoe boxes, gable top beverage Containers, cereal and other similar
food boxes, yet excluding paper tissues, paper towels, paper with plastic coating,
paper Contaminated with food, wax paper, foil -lined paper and cartons, and
Tyvex non -tearing paper envelopes);
C.
Chipboard;
D.
Corrugated cardboard;
E.
Glass containers of any color (including brown, clear, and green glass bottles
and jars);
F.
Aluminum (including beverage Containers and small pieces of scrap metal);
G.
Steel, tin, or bi-metal cans;
H.
Mixed plastics such as plastic Containers (no. one (1) to seven (7)), except
expanded Polystyrene (EPS), and
I.
Bottles (including bottles made of HDPE, LDPE, or PET).
"Recyclable Materials Container," "Recyclables Container," Or `Blue Container" means
a Container designated for the Collection of Recyclable Materials.
`Residential' means any Residential Dwelling.
"Residential Complex" refers, without regard to form of ownership, to a parcel of
Property with no more than four separate Dwelling Units, each unit intended for
occupancy by separate households, that provides on such parcel off street parking for
residents of the complex.
"Responsible Party" means the Owner, Property Manager, Tenant, lessee, occupant, or
their other Designee that subscribes to and pays for Recyclable Materials, Organic
' Materials, and/or Solid Waste Collection services for a Premises in the City, or, if there
is no such subscriber, the Owner or Property Manager of a Single -Family Premises,
Multi -Family Premises, or Commercial Premises. In instances of dispute or uncertainty
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ORDINANCE NO. 1374
regarding who is the Responsible Party for a Premise, Responsible Party shall mean
the Owner of a Single -Family Premises, Multi -Family Premises, or Commercial
Premises.
"Restaurant" means an establishment primarily engaged in the retail sale of food and
drinks for on -premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
"Route Review" means a visual Inspection of Containers along a waste hauler's route
for the purpose of determining Container Contamination and may include mechanical
Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR
Section 18982(a)(65).
"SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016).
"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to the Short -Lived
Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and
adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of
regulations of 14 CCR and 27 CCR.
"Self -Haul" means to act as a Self -Hauler.
"Self -Hauler" means a Person, who hauls Solid Waste, Organic Waste, or Recyclable
Material they have generated to another Person. Self -Hauler also includes a '
landscaper, or a Person who back -hauls waste. Back -haul means generating and
transporting Recyclable Materials or Organic Waste to a destination owned and
operated by the Generator using the Generator's own employees and equipment, or as
otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Solid Waste" means all discarded putrescible and non-putrescible solid, semi -solid, and
liquid wastes, including refuse, Construction and Demolition Debris, bulky items,
Recyclable Materials, and Organic Waste, or any combination there -of which are
permitted to be Disposed of in a Class III landfill, and which are included in the definition
of "non -hazardous solid waste" set forth in the California Code of Regulations. "Solid
Waste" means all Solid Wastes generated by Residential, Commercial, and industrial
sources, and all Solid Waste generated at construction and demolition sites, and at
treatment works for water and wastewater, which are Collected and transported under
the authorization of the City or are Self -Hauled by businesses or contractors. Solid
Waste does not include agricultural crop residues, mining waste and fuel extraction
waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or
Hazardous Material, any waste which is not permitted to be Disposed of at a Class III
landfill and which fall within the definition of "nonhazardous solid waste" set forth in Title
23, Chapter 15, Section 2523(a) of the California Code of Regulations as amended or
designated Class II wastes. Materials shall be deemed "Solid Waste" consistent with the
meaning of California Public Resources Code Section 40191, and for purposes of this '
municipal code shall be regulated as such, whether or not they may be potentially
Recyclable Materials or Organic Materials, in either of the following instances: (a) the
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ORDINANCE NO. 1374
material is mixed or commingled with other types of solid waste such that more than
' 65% of the material consists of solid waste rather than Recyclable Materials or Organic
Materials, or (b) the payment of a fee, charge, or other consideration, in any form or
amount, is directly or indirectly solicited or received from the Generator by any Person
or combination of Persons in exchange for Collection, removal, transportation, storage,
Processing, handling, consulting, container rental or Disposal services ("fee for service"
Recycling), whether or not arranged by or through a subcontractor, broker, agent,
consultant, or affiliate of the provider of such service.
"Solid Waste Container" or "Gray Container" shall be used for the purpose of storage
and Collection of Solid Waste.
"Source Separated" or "Source -Separated Materials" means materials, including
commingled Recyclable Materials and Organic Materials, that have been separated or
kept separate from the Solid Waste stream, at the point of generation, for the purpose of
additional sorting or Processing those materials for Recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products, which meet the quality standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the
purposes of the ordinance, Source Separated shall include separation of materials by
the Generator, Responsible Party, or Responsible Party's employee, into different
containers for the purpose of Collection such that Source -Separated Materials are
' separated from other Solid Waste for the purposes of Collection and Processing.
"State" means the State of California.
"Supermarket" means a full -line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned
goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR
Section 18982(a)(71).
"Tax roll" means the assessment roll upon which general taxes of the City are collected
by the County.
"Tax roll billing" means the collection of Discarded Material fees from Single -Family
Residential complexes, and any associated penalties and interest, on tax roll.
"Three -Container System" means a Collection system in which Generators are required
to Source Separate Discarded Materials into three streams: Solid Waste, Source
Separated Recyclable Materials and Source Separated Organic Materials for placement
in Containers specifically designated for those materials.
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one or more of the following:
IA. Supermarket;
B. Grocery Store with a total facility size equal to or greater than 10,000 square feet;
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ORDINANCE NO. 1374
C. Food Service Provider;
D. Food Distributor; or '
E. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73)
shall apply to this ordinance.
"Tier Two Commercial Edible Food Generator' means a Commercial Edible Food
Generator that is one or more of the following:
A. Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet;
B. Hotel with an on -site Food Facility and 200 or more rooms;
C. Health facility with an on -site Food Facility and 100 or more beds;
D. Large venue;
E. Large event; or
F. A State Agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
G. A Local Education Agency facility with an on -site Food Facility
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) '
shall apply to this ordinance.
"Waiver Holder" means a Commercial Business that may apply for a waiver under
Section 10.10.120. Under these circumstances, the City Manager or their Designee may
issue special written permits (waivers) authorizing variations from the provisions of this
chapter. Special written permits include de minimis waivers and physical space waivers.
"Wholesale Food Vendor" means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received,
shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other
destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
"Yard Waste" means leaves, grass clippings, brush, branches, and other forms of
Organic Materials generated from landscapes or gardens, which have been source
separated from other Solid Waste. Yard waste is a subset of Organic Materials and
excludes Hazardous Materials.
8.16.020 OWNER'S RESPONSIBILITY.
Every Person in charge of a residence or residences, whether Single -Family or Multi -
Family, shall make arrangements with the Person authorized by law, to have removed,
not less than once a week, from the Property. upon which the residence or residences '
are located, all Discarded Materials created or produced or brought upon the Premises.
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ORDINANCE NO. 1374
Every Person in charge of a Commercial or industrial building shall not less than twice a
week cause to be removed from the Property upon which the building is located all
Discarded Materials created or produced or brought upon the Premises; provided,
however, that upon written approval of the Health Officer, Discarded Materials created,
produced or brought upon the Premises of an industrial or Commercial building may be
removed not less than once a week. This latter provision, however, will not apply to food
handling establishments from which Discarded Materials shall be caused to be removed
not less than twice a week. Those food handling establishments having a self-contained
compactor may, with the written approval of the supervising sanitarian, Department of
Health, have their Discarded Materials removed once a week. This approval will be on a
case -by -case basis.
8.16.030 CONTAINER SPECIFICATIONS.
Every Person in charge of a residence, Commercial or industrial business shall deposit
or cause to be deposited all Discarded Materials in standard Containers or Commercial
Containers as approved by the Health Officer and the Solid Waste supervisor.
Containers shall align with specifications in the Franchise Agreement with the Franchise
Waste Hauler. No later than January 1, 2036, all Containers will comply with the
Discarded Material Container color scheme as determined in Section 1898.4.1 of SB
1383; Solid Waste Containers will be gray or black, Recyclable Materials Containers will
be blue, and Organic Waste Containers will be green. Solid Waste shall be Collected
' and stored as specified in the agreement with Franchise Waste Hauler. No Person shall
maintain or place for Collection any Container not in conformance with the standard
Container designated in this section and no Person authorized to Collect Discarded
Materials shall remove contents of Containers not in conformance with the standard
Container No Container shall be placed adjacent to a street or public right-of-way for
Collection service more than twelve hours prior to the normal Collection time and shall
be removed from the Street or right-of-way location within twelve hours after Collection.
8.16.035 STORAGE OF CONTAINERS IN RESIDENTIAL DISTRICTS.
Every Person in charge of a residence shall, upon completion of the normal Collection,
as defined in Section 8.16.010, store Containers in such a manner as not to be viewable
by the public from a public right-of-way in order to maintain the aesthetic and Property
values of surrounding Property.
8.16.040 REMOVAL PROHIBITED WHEN.
It is unlawful for any Person other than the Person in charge of a residence,
Commercial or industrial business, or the Person authorized by law to remove any
Container from the location where the Container was placed by the Person in charge for
storage or Collection, or to remove any Discarded Materials from the location in which
the Discarded Materials were placed by the Person in charge for storage or Collection,
' without prior written approval of the Person in charge. It is unlawful to place Solid
Waste, including Recyclable Materials and Organic Materials, in any standard Container
without prior written approval of the Person in charge of the Container.
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ORDINANCE NO. 1374
8.16.050 NONCOMPACTIBLE SOLID WASTE.
No Person shall place noncompactible solid waste adjacent to a Street or public right -of- '
way for Collection or removal purposes without prior approval and arrangements with
the Franchise Waste Hauler.
8.16.060 PERMITTED SELF -HAULER REQUIREMENTS.
No Person or resident of the City shall remove, transport, or convey any Solid Waste
upon or along any Street, alley, or place within the City, unless they hold a Franchise
Agreement or other contract with the City for the Collection and Disposal thereof or are
a permitted Self -Hauler or landscaper and gardener as set forth below.
Every permitted Self -Hauler shall either:
A. Source Separate all Recyclable Materials and Organic Materials (materials that
City otherwise Collects in their Organic Materials and Recyclable Materials
Collection services) generated on site from Solid Waste in a manner consistent
with 14 CCR Sections 18984.1 and 18984.2, and transport Solid Waste to
permitted transfer or disposal facility; haul their Source Separated Recyclable
Materials to a facility that recovers those materials; and, haul their Source
Separated Organic Waste to a facility, operation, activity, or property that
processes or Recovers Source Separated Organic Waste.
B. Alternatively, Self -Haulers may haul Discarded Materials to a City -approved High ,
Diversion Organic Waste Processing Facility. Self -Haulers that are Responsible
Parties of Commercial Businesses or Multi -Family Premises shall keep records
of the quantity of Recyclable Materials, Organic Waste, and Solid Waste
delivered to each facility, operation, activity, or property that processes or
recovers Recyclable Materials and Organic Waste and processes or Disposes of
Solid Waste or shall keep records of Solid Waste delivered to High Diversion
Organic Waste Processing Facilities. Self -Haulers shall retain all records and
data required to be maintained by this Section for no less than five (5) years after
the Recyclable Materials, Organic Materials, and/or Solid Waste recorded was
first delivered to the entity accepting the material. These records shall be subject
to Inspection by the City or its Designee. The records shall include the following
information:
1. Delivery receipts and weight tickets from the entity accepting the Recyclable
Materials, Organic Materials, and Solid Waste.
2. The amount of material in cubic yards or tons transported by the Generator to
each entity.
3. If the material is transported to an entity that does not have scales on -site, or
employs scales incapable of weighing the Self-Hauler's vehicle in a manner
that allows it to determine the weight of materials received, the Self -Hauler is
not required to record the weight of material but shall keep a record of the
entities that received the Recyclable Materials, Organic Materials, and Solid ,
Waste. Records shall include the name, address, City, State, zip code, phone
number, and email of the entity.
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ORDINANCE NO. 1374
' C. The City Manager may require Self -Haulers to obtain a Self -Hauler permit. The
City Council may impose and modify fees for such permit by resolution. The City
Manager shall adopt and implement administrative policies regarding the
application, issuance, and a Self -Hauler may be required to obtain a Self -Hauler
permit in accordance with City's administrative policies as adopted by the City
Manager, including, but not limited to, fees and the requirement to provide
additional information).
D. Only Commercial Businesses or Multi -Family Premises may be permitted to Self -
Haul. All Self -Haulers shall provide copies of records required by this Section to
City if requested by the City Manager or their Designee and shall provide the
records at the frequency requested by the City Manager or their Designee.
E. Where Yard Waste Diversion is incidental to landscaping contracts between
Commercial Business and their gardening or landscaping service providers:
1. A Commercial Business contracting for gardening or landscaping services
shall require written contracts which contain the following provisions:
a. All Yard Waste generated at the Premises by the landscaping or
gardening service shall be Diverted from Disposal by one or more of the
methods in this Chapter 8.16.060.
b. A requirement that the landscaper, gardener, or any third party(ies) certify
in writing that the requirements set forth in Subsection (E) of this section
are being met.
' c. A requirement that the landscaper, gardener, or any third party(ies)
annually certify in writing that it is compliant with this section 8.16.060 by
completing and submitting to City a City -provided reporting form.
d. Upon request of a Commercial Business, the landscaper, gardener, or any
third party(ies), are required to provide copies of weight tickets from the
permitted processing facility(ies) where the Yard Waste from Premises
within City were delivered by the landscaper or gardener.
F. Upon City request, beginning January 1, 2022, Commercial Businesses that
contract with a landscaping or gardening service provider shall complete and
submit a compliance reporting form as provided by the City with the following
items attached:
1. Copies of landscaper, gardener, or any other third party(ies) certification(s)
that certify that the requirements set forth in Subsections (E) of this section
were met during the preceding twelve (12) months.
Upon request by the City, a Commercial Business contracting for gardening or
landscaping services shall provide copies of the contracts, receipts, and/or weight
tickets from the permitted processing facility(ies) to the City within thirty (30) calendar
days of service of the City's request for such documents.
8.16.070 FRANCHISE WASTE HAULER AND TRUCKS.
I
In accordance with any Franchise Agreement with the City:
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ORDINANCE NO. 1374
A. The Franchise Waste Hauler shall provide sufficient Collection equipment to
maintain a regular schedule of Collection. '
B. Trucks used for the Collection or transportation of Discarded Materials shall be
leak -proof and equipped with a close -fitting cover which shall be affixed in a
manner that will prevent spilling, dropping, or blowing away of any Discarded
Materials upon the public right-of-way during Collection or transportation.
C. All trucks used for Collection or transportation of Discarded Materials shall be
maintained in a clean and sanitary condition, neatly and uniformly painted, and
shall carry a shovel, broom, and fire extinguisher of such reasonable type, size,
and condition as to be commercially reasonable for the provision of Collection
services.
D. The Person that owns any trucks used for Collection or transportation of
Discarded Materials shall have their name, address, telephone number, and
truck number .printed on each side of all trucks in letters not less than three
inches high and of such a color as to be legible against the color of the surface
on which they are printed.
E. All Collection trucks, tanks, Containers, and other receptacles used to transport
Discarded Materials shall be cleaned and disinfected both on the inside and
outside thereof at least once daily, and at all times shall be kept free from any
Solid Waste on the outside thereof.
F. The Franchise Waste Hauler shall maintain in good repair all Containers
furnished to any Person.
8.16.080 HAZARDOUS WASTE. I
Every Person who collects or hauls hazardous or extremely Hazardous Waste shall
immediately notify the Health Officer, in writing, listing the following information:
A. The name, address, and telephone number of the collector or hauler.
B. The name, address, and telephone number of the facilities from which the
hazardous or extremely hazardous waste is collected.
C. A description of the type of hazardous or extremely hazardous waste collected,
as represented in writing by the administrator of the facility including the amounts
collected measured in cubic feet and the frequency of collection.
D. The name, address, and telephone number of the waste disposal facility that is
used for the final disposal of the hazardous or extremely hazardous waste.
8.16.090 VIOLATION —PENALTY.
It is unlawful for any Person to violate any provision or fail to comply with any of the
requirements of this chapter. Responsible Parties who are the Owner, Tenant, lessee,
or Person in control of Premises in the City, and who, after written Notice of Violation
from the City, fails or refuses to correct such violation of this chapter within the time
specified in such written notice is deemed to have committed an infraction or a
misdemeanor in accordance with Chapter 1.12 of this code. ,
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ORDINANCE NO. 1374
8.16.100 DEPOSITS OF HAZARDOUS MATERIALS —CLEAN-UP OR ABATEMENT —
LIABILITY FOR COSTS.
A. The Fire Department and the Public Works Department are authorized to clean
up or abate the effects of any Hazardous Material deposited upon or into
Property or facilities of the City; and any Person or Persons who intentionally or
negligently cause such deposit shall be liable for the payment of all costs
incurred by the Fire Department and/or the Public Works Department as a result
of such clean-up or abatement activity. The remedy provided in this section shall
be in addition to any other remedies provided by law.
B. For purposes of this section, costs incurred by the Fire Department and/or the
Public Works Department shall include, but shall not necessarily be limited to, the
following: actual labor costs of City personnel, including workers' compensation
benefits, fringe benefits, and administrative overhead; cost of equipment
operation; cost of materials obtained directly by the City; and cost of any contract
labor and materials.
C. The authority to recover costs under this section shall not include actual fire
suppression services which are normally or usually provided by the Fire
Department.
8.16.110 TAX ROLL BILLING.
' Exclusive Franchise. The City has an exclusive Franchise Agreement with the
Franchise Waste Hauler for the Collection and handling of Discarded Materials within
the City. All Generators within the City are required to subscribe to the Franchise Waste
Hauler's provided program for the Collection and handling of Discarded Materials,
unless explicitly exempted by the City through a waiver as defined in Chapter 8.19.090.
A. Record Owner. Effective July 1, 2015, all Collection service accounts for Single -
Family Residential Premises shall be established and held in the legal Record Owner's
name. The Record Owner shall be responsible for the payment of collection service
fees for their parcel.
B. Franchise Waste Hauler Service Fees. The City may use tax roll billing to collect
the Collection service fees imposed on the parcel of the Record Owner of a Single -
Family Residential Premise.
C. Franchise Waste Hauler Service Fees When Due. Collection service fees
imposed on Single -Family Residences or Dwellings pursuant to this chapter shall be
deemed delinquent if not paid within sixty (60) days of the date they are due to be paid
to the County. All other Collection service fees shall be deemed delinquent if not paid
within thirty (30) days following the billing statement date.
D. Penalty. A penalty in an amount not to exceed ten percent (10%) of the
Collection service fees which are delinquent shall be imposed upon the Record Owner
or the Generator holding the service account with the City of a parcel as to which
Collection service fees are delinquent, if not paid in the time and manner prescribed,
and in addition may provide for a penalty not to exceed one and one-half percent (1.5%)
per month for nonpayment of the Collection service fees and basic penalty.
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ORDINANCE NO. 1374
E. Remedies. Any remedies for the Collection and Enforcement of Collection
service fees, rates, or other charges are cumulative, and the City may pursue remedies ,
alternatively or consecutively or authorize the County to undertake action(s).
F. Exception —New Developments. These requirements shall not apply to any
Residential Premises that are part of new developments (i.e. new construction) until
such time as one or more of the newly -constructed Residential Dwelling Units are first
occupied.
G. Temporary Suspension of Service. The Record Owner of a Single -Family
Residential Property may suspend service for a total of four (4) months, split into either
one request for a total of four (4) consecutive months or two (2) requests with each
request being a maximum of two (2) consecutive months during which Generators are
not residing at the Residential Premises. Any Person seeking to avail themself of the
exception provided herein shall bear the burden of providing reasonable evidence to the
City or its authorized representative, pursuant to such regulations or guidelines as the
City Manager is hereby authorized to develop, demonstrating that the Premises was or
will be vacant for the period in question. At such time as the Property is reoccupied, a
restart fee will apply in addition to any Discarded Material service fees per the City's
Franchise Agreement with the Franchise Waste Hauler. The re -start fee only applies
when service has been suspended and re -started at the same location by the same
Record Owner, and does not apply to a new Property Owner establishing service at a
new address.
Section 8.17 of the Code of the City of Palm Desert, California, is hereby amended '
to read as follows:
8.17 RECYCLABLE MATERIALS
8.17.010 DEFINITIONS.
Words and phrases defined in Chapter 8.16 of this municipal code shall have the same
meanings when used in this chapter.
8.17.020 OWNERSHIP OF RECYCLABLE MATERIALS.
A. Recyclable Materials placed in a City -regulated Recyclable Materials Container
shall become the Property of the City at the time such Containers are set out for
Collection by the Franchise Waste Hauler. Such Recyclable Materials shall be
deemed discarded by the owner and shall be subject to any Franchise
Agreement of the City. The Franchise Waste Hauler(s) of the City shall have the
exclusive duty, right, and privilege to collect, transport, and process such
Recyclable Materials.
B. Recyclable Materials that are not set out for Collection by the Franchise Waste
Hauler remain the Property of the Owner.
8.17.030 Removal of Recyclable Materials. I
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ORDINANCE NO. 1374
A. No Person other than the City or the Franchise Waste Hauler(s) of the City acting
' in the scope of their Agency or employment shall remove any Recyclable Materials from
a City -regulated Recyclable Materials Container.
B. It is unlawful for any Person to do the following to any Recyclable Materials
Container:
C. Tamper or meddle with such a Container.
1. Tamper or meddle with the contents of any such Container.
2. Remove any such Container, its contents, or Recyclable Material
lawfully placed alongside the Container from the location where the
Container or such Recyclable Material has been placed for pick up by the
City, the Franchise Waste Hauler(s) of the City, or a licensed Recycling
Business.
8.17.040 OPERATION OF RECYCLING BUSINESS.
A. No Person shall operate a Recycling Business in the City without first obtaining a
business license pursuant to the provisions established in Chapter 5.04 of this
code.
B. Any Recycling Business operating in the City shall, at all times of doing business,
maintain insurance in an amount specified by the business license agreement.
The insurance shall include, but shall not be limited to, worker's compensation,
vehicle and comprehensive general liability insurance. The Recycling Business
' shall provide the City with copies of the insurance policies and certificates of
insurance at the following times:
C. Proof of insurance shall be provided to the City at the time a business license is
sought.
1. Proof of insurance shall be provided to the City at the time the renewal of
a business license is sought.
2. Proof of insurance shall be provided to the City within ten business days of
receiving a written request from the City.
3. Any Recycling Business operating in the City shall be responsible for
removing debris and materials which it has caused to fall in the public
right-of-way during Collection and transportation.
D. Any Recycling Business operating vehicles in the City shall have the name of the
licensed Recycling Business, address, telephone number, and truck number
printed on each side of the vehicle, in letters not less than three inches high.
E. Any Recycling Business operating in the City shall maintain a record of its waste
Diversion. The record shall include, but not be limited to the total tonnage of
Recyclable Materials Collected, the types of Recyclable Materials Collected, the
location where the Recyclable Materials are Diverted and the type of Recycling
program utilized.
F. Any Recycling Business operating in the City shall deliver, or cause to be
delivered, to the City quarterly reports concerning its waste Diversion. The
' reports shall be on forms provided by the City, and shall provide the City with
information including, but not limited to the information required to be maintained
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ORDINANCE NO. 1374
in accordance with Section 8.17.040(E) of this code. The reports shall be
submitted within forty-five days after the end of each calendar quarter. I
8.17.050 VIOLATION —PENALTIES.
It is unlawful for any Person to violate any provision or fail to comply with any of the
requirements of this chapter.
8.17.060 Other remedies.
A. After giving written notice of noncompliance and holding a hearing, the City
Manager or director of code compliance, as appropriate, may suspend or revoke
any business license issued under this chapter.
B. After giving written notice of noncompliance and holding a hearing, the City
Manager or director of code compliance, as appropriate, may impound any
vehicle that is not maintained in accordance with the provisions established in
Section 8.17.040(D) of this chapter.
C. If a Person has violated or failed to comply with any provision of this chapter, the
City Manager or director of code compliance, as appropriate, may seek all other
civil remedies including, but not limited to, injunctive relief.
8.17.070 ENFORCEMENT —COSTS RECOVERABLE.
The City Attorney, on behalf of the City, may take appropriate legal action against a '
Person to recover the costs associated with enforcement of this chapter against such a
Person. Such costs shall include, but are not limited to, administrative costs, court
costs, attorneys' fees, and other expenses related to enforcing the provisions of this
chapter.
Section 8.19 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows:
8.19 REQUIREMENTS FOR COLLECTION OF SOLID WASTE, RECYCLABLE
MATERIAL, AND ORGANIC MATERIAL FOR ALL RESIDENTS
8.19.010 PURPOSE AND STATUTORY AUTHORITY.
The purpose of this chapter is to regulate the storage, Collection, Processing, and
Disposal of Solid Waste, Recyclable Material and organic Material in the City. The
ordinance codified in this chapter is adopted pursuant to the authority contained in
general statutes governing powers of municipalities and various Federal and State
statutes specifically regulating Solid Waste, recyclable Materials, and Organic Material.
8.19.020 DEFINITIONS.
Words and phrases defined in Chapter 8.16 of this municipal code shall have the same I
meanings when used in this chapter.
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ORDINANCE NO. 1374
8.19.030 City to provide Collection and Disposal.
' A. The Franchise Waste Hauler shall provide for Collection, Processing, and
Disposal of Discarded Materials, in a three -Container system, including Solid
Waste, Recyclable Material, and Organic Material Collection service when placed
for Collection pursuant to this chapter.
B. Compliance with the requirements of this chapter is necessary to procure the
Collection and removal of all Solid Waste, Recyclable Material, and Organic
Material from Residential and Commercial Generators, and such compliance
shall be a defense to any prosecution for failure to remove or Dispose thereof.
8.19.040 CONTAINERS —GENERAL REQUIREMENTS.
A.
Every Person having charge or control of Residential or Commercial Premises in
the City where Discarded Material accumulates shall Source Separate and keep
the Solid Waste, Recyclable Material, and Organic Material in the designated
Containers obtained exclusively through the Franchise Waste Hauler for use in
the Franchise Waste Hauler's Collection program. Containers assigned by or
obtained from the Franchise Waste Hauler shall remain at all times Property of
the Franchise Waste Hauler. At no time and under no circumstances shall the
Container(s) be removed from the Property to which it was assigned. Ordinary
wear and tear to Containers will be repaired and maintained by the Franchise
Waste Hauler at no additional cost; damage caused by Generator abuse or
negligence shall be charged to the Generator, or as otherwise provided in the
Franchise Agreement.
B.
Persons served by the Collection program shall only use the approved
Containers to be obtained exclusively through the Franchise Waste Hauler. No
other Containers are allowed.
C.
The Franchise Waste Hauler shall replace existing Containers with Containers
that meet State mandated color requirements, pursuant to 14 CCR Section
18984.9(b), if not already compliant, at the end of the useful life of those
Containers, or prior to January 1, 2036, whichever occurs first.
D.
Solid Waste Containers shall be gray or black.
1. Recyclable Material Containers shall be blue.
2. Organic Material Containers shall be green.
3. If applicable, Source Separated Food Waste containers shall be brown.
8.19.050 CONTAINERS — PLACEMENT, CAPACITY, AND PICKUP.
A. Containers shall be placed at or as near to the curb or edge of road as possible,
so as to be accessible to Collection crews. Placement must be such that there is
no interference with Collection (e.g., too close to vehicles, other refuse
Containers, poles, fences, mailboxes, and other obstacles). Containers must be
placed at the designated pickup area by five -thirty (5:30) a.m. on the scheduled
' day of Collection. No Container shall be placed curbside or adjacent to a Street
more than twelve (12) hours prior to the normal Collection time and shall be
removed from curb or Street location within twelve (12) hours after Collection.
ORDINANCE NO. 1374
B. Toxic or Hazardous Materials, dead animals, building materials, large Yard
Waste, and bulky items such as household furnishings or appliances are '
prohibited from being placed in Containers.
C. Use of paper or plastic bags for Solid Waste Disposal is allowed. Bags are to be
used in accordance with the Franchise Waste Hauler's Franchise Agreement
with the City.
D. Exceptions to proper Container placement due to terrain, disabilities, complexes
with centralized Disposal setups (e.g., apartments and condos with four or more
units, two-story Residential units) may be considered when such conditions exist
that prevent automated service. Exemptions shall be made on a case -by -case
basis by the City.
8.19.060 GENERATOR REQUIREMENTS — SINGLE-FAMILY GENERATORS.
Responsible parties of Single -Family Premises shall comply with the following
requirements:
A. Subscribe to and pay for the Franchise Waste Hauler's three -Container system
Collection services for weekly Collection of Recyclable Materials, Organic
Materials, and Solid Waste generated by the Single -Family Premises and comply
with requirements of those services as described below in Section 8.19.060(B).
City shall have the right to review the number and size of a Generator's
Containers to evaluate adequacy of capacity provided for each type of Collection
service for proper Source Separation of materials and containment of materials.
The responsible parties for Single -Family Premises shall adjust their service level
'
for the Collection services as requested by the City. The responsible parties for
Single -Family Premises shall participate in the Franchise Waste Hauler's
Discarded Materials Collection service(s) by placing Source Separated
Discarded Materials in their appropriate Containers.
B. Participate in the Franchise Waste Hauler's three -Container system service(s)
(Recyclable Materials Container, Organic Materials Container, and Solid Waste
Container) in the manner described below.
C. Place and/or direct its Generators to place Source Separated Organic Materials,
including Food Waste, in the Organic Materials Container; Source Separated
Recyclable Materials in the Recyclable Materials Container; and Solid Waste in
the Solid Waste Container.
1. Refrain from placing and/or directing its Generators to place Prohibited
Container Contaminants in Collection Containers, and shall not place
materials designated for the Organic Materials Container or Recyclable
Materials Container in the Solid Waste Container.
2. City Manager, or their Designee, shall have the right to review the number
and size of a Generator's Containers to evaluate adequacy of capacity
provided for each type of Collection service, and for proper Source
Separation and containment of Discarded Materials.
1
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ORDINANCE NO. 1374
D. If approved or directed by City, the Franchise Waste Hauler shall have the right
' to assess a Contamination processing fee and/or a Contamination penalty when
Prohibited Container Contaminants is/are found in any Containers.
E. Nothing in this Section prohibits a Responsible Party or Generator of a Single -
Family Premises from preventing or reducing Discarded Materials generation,
managing Organic Waste on -site, and/or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
F. It shall be the duty of every Person occupying a Residential Dwelling within the
City to keep the Premises in their control in a "sanitary condition," which is
hereby defined to mean that all parts thereof are free and clean of any
accumulation of Discarded Materials.
8.19.070 GENERATOR REQUIREMENTS — MULTI -FAMILY GENERATORS.
Responsible parties of Multi -Family Premises (except responsible parties of Multi -
Family Premises that meet the Self -Hauler requirements in Section 8.16.060 of this
chapter) shall:
A. Subscribe to the Franchise Waste Hauler's three- or three -plus -Container system
for all Discarded Materials generated. City Manager or their Designee shall have
the right to review the number and size of a Generator's Containers and
frequency of Collection to evaluate adequacy of capacity provided for each type
' of Collection service; and Multi -Family Premises shall adjust their service level
for their Collection services as requested by the City, if City determines that
inappropriate level of service results in Generators' non-compliance with this
Chapter 8.19.070.
B. Except Multi -Family Premises that meet the Self -Hauler requirements in Chapter
8.16.060 of this ordinance, participate in the three- or three -plus -Container
system, dependent on the available program offered by the Franchise Waste
Hauler, for at least weekly Collection of Recyclable Materials, Organic Materials,
and Solid Waste in the manner described below.
1. Shall subscribe to the three- or three -plus -Container Collection service
(Recyclable Materials Container, Organic Materials Container, and Solid
Waste Container, and if applicable, source Separated Food Waste
Container)
I. Three -Container: Place and/or direct its Generators to place Source
Separated Organic Materials, including Food Waste, in the Organic
Materials Container; Source Separated Recyclable Materials in the
Recyclable Materials Container; and Solid Waste in the Solid
Waste Container.
II. Three -plus -Container: Place and/or direct its Generators to place
Source Separated Organic Materials, except Food Waste, in the
Organic Materials Container; Source Separated Food Waste in the
' Source Separated Food Waste Container; Source Separated
Recyclable Materials in the Recyclable Materials Container; and
Solid Waste in the Solid Waste Container.
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ORDINANCE NO. 1374
2. Shall not place or direct its Generators place Prohibited Container
Contaminants in Collection Containers, and shall not place Organic Materials '
or Recyclable Materials in the Solid Waste Container.
3. If approved or directed by the City, the Franchise Waste Hauler shall have the
right to assess a Contamination processing fee and/or a Contamination
penalty when Prohibited Container Contaminants are found in any
Containers.
C. Participate in the Franchise Waste Hauler's Discarded Materials Collection
service(s) by Source Separated Discarded Materials into their respective
Containers.
D. Supply and allow access to adequate number, size, and location of Collection
Containers for employees, contractors, Tenants, and customers, consistent with
City's approved Container Collection service.
E. Annually provide to employees, contractors, Tenants, and Generators
educational information about Organic Waste Recovery requirements and about
proper sorting of Source Separated Organic Material, Source Separated
Recyclable Materials, and Source Separated Food Waste into their respective
Containers.
F. The Responsible Party of a Multi -Family Premises shall provide educational
information to new Tenants before or within fourteen (14) days of their
inhabitation of the Multi -Family Dwelling Unit. Educational information will
describe requirements to keep Source Separated Organic Material and Source
Separated Recyclable Materials separate from Solid Waste and the location of '
Containers and the rules governing their use at each Property.
G. Provide or arrange access for City or its Designee to their properties during all
Inspections conducted in accordance with Chapter 8.19.120 to confirm
compliance with the requirements of this chapter.
H. Nothing in this section prohibits a Generator from preventing or reducing Organic
Waste generation, managing Organic Material on site, or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
I. It shall be the duty of every Person in possession, charge, or control of any Multi -
Family Premises within the City to keep the Premises in their control in a
"sanitary condition", which is hereby defined to mean that all parts thereof are
free and clean of any accumulation of Discarded Material outside of a lawful
Container.
J. Multi -Family Premises that generate two (2) cubic yards or more of total Solid
Waste, Recyclable Materials, or Organic Materials per week (or other threshold
defined by the State) that arrange for gardening or landscaping services shall
require that the contract or work agreement between the Owner, Occupant, or
operator of a Multi -Family Premises and a gardening or landscaping service
specifies that the designated Organic Materials generated by those services be
managed in compliance with this chapter.
K. If the Responsible Party of a Multi -Family Premises wants to Self -Haul, they must
meet the Self -Hauler requirements of Chapter 8.16.060 of this ordinance. ,
8.19.080 GENERATOR REQUIREMENTS — COMMERCIAL BUSINESSES.
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ORDINANCE NO. 1374
Responsible parties of Commercial Businesses (which does not include Multi -Family
' Premises) shall:
A.
Subscribe to the Franchise Waste Hauler's three -Container system for all
Discarded Materials generated. City or its Designee shall have the right to review
the number and size of a Generator's Containers and frequency of Collection to
evaluate adequacy of capacity provided for each type of Collection service; and
Commercial Businesses shall adjust their service level for their Collection
services as requested by the City.
B.
Participate in the Franchise Waste Hauler's Discarded Materials Collection
service(s) by placing Source Separated Discarded Materials into their respective
Containers.
C.
Supply and allow access to adequate number, size, and location of Collection
Containers with sufficient labels or colors (conforming with Chapters
8.19.080(E)(1) and (E)(2) below) for employees, contractors, Tenants, and
Generators, consistent with City's Discarded Materials Collection service.
D.
Except Commercial Businesses that meet the Self -Hauler requirements of
Chapter 8.16.060, participate in the City's three- or three -plus -Container system,
dependent on which program is currently available by Franchise Waste Hauler,
for at least weekly Collection of Recyclable Materials, Organic Materials, and
Solid Waste in the manner described below:
1. Shall subscribe to the three- or three -plus -Container Collection service.
' a. Three -Container: Place and/or direct its generators to place source
separated Organic Materials, including Food Waste, in the Organic
Materials Container; source separated Recyclable Materials in the
Recyclable Materials Container; and Solid Waste in the Solid Waste
Container.
b. Three -plus -Container: Place and/or direct its Generators to place
Source Separated Organic Materials, except Food Waste, in the
Organic Materials Container; Source Separated Food Waste in the
Source Separated Food Waste Container, Source Separated
Recyclable Materials in the Recyclable Materials Container; and Solid
Waste, in the Solid Waste Container.
2. Shall not place or direct its Generators place Prohibited Container
Contaminants in Collection Containers, and shall not place Organic
Materials or Recyclable Materials in the Solid Waste Container.
3. If approved or directed by the City, the Franchise Waste Hauler shall have
the right to assess a Contamination processing fee and/or a
Contamination penalty when Prohibited Container Contaminants are found
in any Container.
E. Provide Containers for the Collection of Discarded Materials in all indoor and
outdoor areas where Containers are provided for Generators for all Discarded
Materials generated by that business. Such Containers do not need to be
' provided in restrooms. If a Commercial Business does not generate any of the
materials that would be collected in any one type of Container, then that business
does not have to provide that particular Container in all areas where Disposal
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ORDINANCE NO. 1374
Containers are provided for Generators. Pursuant to 14 CCR Section 18984.9(b),
the Containers provided by the business shall have either: '
1. A body or lid that conforms with the Container colors provided through the
Collection service provided by City, with either lids conforming to the color
requirements or bodies conforming to the color requirements or both lids
and bodies conforming to color requirements as detailed in Chapter
8.19.040. A Commercial Business is not required to replace functional
Containers, including Containers purchased prior to January 1, 2022, that
do not comply with the requirements of this subsection to the end of the
useful life of those Containers, or prior to January 1, 2036, whichever
comes first.
2. Container labels that include language or graphic images, or both
indicating the primary material accepted and the primary materials
prohibited in that Container, or Containers with imprinted text or graphic
images that indicate the primary materials accepted and primary materials
prohibited in the Container. Pursuant 14 CCR Section 18984.8, the
Container labeling requirements are required on new Containers
commencing January 1, 2022.
F. Prohibit employees from placing materials in a Container not designated for those
materials to the extent practical through education, training, Inspection, and/or other
measures.
G. Annually inspect Recyclable Material, Organic Material, and Solid Waste Containers
for Contamination and inform employees if Containers are Contaminated and of the ,
requirements to keep contaminants out of those Containers pursuant to 14 CCR
Section 18984.9(b)(3).
H. Annually provide information to employees, contractors, Tenants, and Generators
about Organic Material Recovery requirements and about proper sorting of Source
Separated Organic Material and Source Separated Recyclable Materials into their
respective Containers.
I. Provide educational information before or within fourteen (14) days of occupation of
the Premises to new Tenants that describes requirements to keep Source Separated
Organic Material and Source Separated Recyclable Materials separate from Solid
Waste and the location of Containers and the rules governing their use on the
Premise.
J. Provide or arrange access for City or its Designee to their properties during all
Inspections conducted in accordance with Chapter 8.19.120 to confirm compliance
with the requirements of this ordinance.
K. Meet the Self -Hauler requirements in Chapter 8.16.060 if a Commercial Business
wants to Self -Haul.
L. Not prohibit a Generator from preventing or reducing Organic Waste generation,
managing Organic Material on -site, or using a Community Composting site pursuant
to 14 CCR Section 18984.9(c).
M. It is the duty of every Person in possession, charge, or control of any boarding
home, Restaurant, hotel, apartment, commercial occupancy, industrial occupancy, ,
eating house, or vacant lot within the City to keep the Premises in their control in a
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ORDINANCE NO. 1374
"sanitary condition," which is hereby defined to mean that all parts thereof are free
' and clean of any accumulation of Discarded Material outside of a lawful Container.
N. If approved or directed by City, the Franchise Waste Hauler shall have the right to
assess a Contamination processing fee and/or a Contamination penalty when
Prohibited Container Contaminants are found in any of the Discarded Material
Containers.
O. If a Commercial Business is a Tier One or Tier Two Commercial Edible Food
Generators, with Food Recovery Requirements pursuant to Chapter 8.19.100.
8.19.090 GENERATOR REQUIREMENTS — WAIVERS FOR COMMERCIAL
BUSINESSES.
Commercial Businesses, including Multi -Family Premises, may apply for waivers where
practical difficulties make it impossible or extremely difficult to carry out the strict letter
of this chapter with respect to any particular Premises. Under these circumstances, the
City Manager or their Designee may issue special written permits (waivers) authorizing
variations from the provisions of this chapter, subject to such terms and conditions as
may deemed necessary to protect the public health and safety of the City. Special
written permits only include de minimis waivers and physical space waivers, as
described below.
A. De Minimis Waivers: The City may waive a Commercial Business's obligation
' (including Multi -Family Premises' obligations) to comply with some or all of the
Organic Material requirements of this ordinance if the Commercial Business
provides documentation, or if the City has enough evidence demonstrating, that
the business generates below a certain amount of Organic Material as described
in this chapter. If the City has sufficient evidence demonstrating that a
Commercial Business generates below a certain amount of Organic Waste as
described in Chapter 8.19.090(A)(2), it may verify that the Commercial
Businesses' Organic Waste generation complies with the threshold without the
receipt of a waiver application as described in Chapter 8.19.090(A)(1). As part of
the Organic Waste generation verification process, the City shall request
documentation from the Commercial Business as described below.
Commercial Businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver
from and provide documentation as noted below.
2. Provide documentation that either:
a. The Commercial Business's total Collection of Discarded Materials is two
(2) cubic yards or more per week and Recyclable Materials and Organic
Materials subject to Collection in Recyclable Materials Container(s) or
Organic Materials Container(s) comprises less than twenty (20) gallons
per week per applicable Container of the Commercial Business's total
' waste (i.e., Recyclable Materials in the Recyclable Materials stream are
less than twenty (20) gallons per week or Organic Materials in the Organic
Materials stream are less than twenty (20) gallons per week); or,
ORDINANCE NO. 1374
b. The Commercial Business's total Collection of Discarded Materials is less
than two (2) cubic yards per week and Recyclable Materials and Organic '
Materials subject to Collection in a Recyclable Materials Container(s) or
Organic Materials Container(s) comprises less than ten (10) gallons per
week per applicable Container of the business's total waste (i.e.,
Recyclable Materials in the Recyclable Materials stream are less than ten
(10) gallons per week or Organic Materials in the Organic Materials
stream are less than ten (10) gallons per week).
c. For the purposes of subsections (a) and (b) above, total Collection of
Discarded Materials shall be the sum of weekly Container capacity
measured in cubic yards for Solid Waste, Recyclable Materials, and
Organic Materials Collection service excluding Discarded Materials
managed on -site, such as on -site composters and Self -Hauled Discarded
Materials in accordance with Chapter 8.16.060.
3. Notify City if circumstances change such that Commercial Business's Organic
Material exceeds threshold required for waiver, in which case waiver will be
rescinded.
4. Provide written verification of eligibility for de minimis waiver every five (5) years,
when there is a change in business or Tenant, or when a conditional use permit
is issued, whichever is sooner, if City has approved the de minimis waiver.
B. Physical Space Waivers: City may waive a Commercial Business's or Property
Owner's obligations to comply with some or all of the Organic Material Collection
service requirements if the City has evidence from its own staff, the Franchise Waste '
Hauler, a licensed architect, or a licensed engineer that the Premises lacks
adequate space for compliance with the Organic Material Collection requirements
below. A physical space waiver may also be requested if a Commercial Business or
Property Owner documents that the Premises lacks adequate space for Organic
Material Container and Recyclable Material Containers.
The Responsible Party of a Commercial Business may request a physical space waiver
through the following process:
1. Submit an application form specifying the type(s) of Collection services for
which they are requesting a compliance waiver.
2. Provide documentation that the Premises lacks adequate space for
Recyclable Material Containers and/or Organic Material Containers including
documentation from its Franchise Waste Hauler, licensed architect, or
licensed engineer.
3. Provide written verification to City that it is still eligible for physical space
waiver every five (5) years or when a Conditional Use Permit is issued,
whichever is sooner, if City has approved application for a physical space
waiver.
C. Review and Approval of Waivers by City: Commercial Businesses or property
Owners shall:
1. Apply to City for a de minimis or physical space waiver if one is required or
desired. Waivers are valid for five (5) years.
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ORDINANCE NO. 1374
2. Any Waiver Holder must cooperate with the City, its Designee, and/or the
' Franchise Waste Hauler for compliance Inspections and enforcement as stated
in Chapter 8.19.120.
3. Waiver holder must reapply to the City Manager or their Designee for a waiver
upon the expiration of the waiver period, and shall submit any required
documentation and/or fees/payments as required by the City. Failure to submit a
completed application shall equate to an automatic denial of said application.
4. City Manager or their Designee may revoke a waiver upon a determination that
any of the circumstances justifying a waiver are no longer applicable.
8.19.100 EDIBLE FOOD RECOVERY — REQUIREMENTS FOR COMMERCIAL
EDIBLE FOOD GENERATORS.
Tier One Commercial Edible Food Generators must comply with the requirements of
this chapter commencing January 1, 2022, And Tier Two Commercial Edible Food
Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section
18991.3 or as specified in other applicable law.
A. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be
Collected as Organic Waste
2. Contract or enter into a written agreement with Food Recovery Organizations
and/or Food Recovery Services either for:
a. The Collection of Edible Food for Food Recovery.
b. Acceptance of the Edible Food that the Commercial Edible Food
Generator Self -Hauls to the Food Recovery Organization or Food
Recovery Service for Food Recovery.
c. Shall not intentionally spoil Edible Food capable of being recovered by a
Food Recovery Organization or Food Recovery Service.
3. Keep records that include the following information, or as otherwise specified in
14 CCR Section 18991.4:
a. A list of each Food Recovery Service or Organization that collects or
receives. its Edible Food pursuant to a contract or written agreement established
under 14 CCR § 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR §
18991.3(b).
C. A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
i. The name, address, and contact information of the Food Recovery
Service or Food Recovery Organization.
ii. The types of Edible Food that will be collected by or Self -Hauled to
the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that Edible Food will be collected or
Self -Hauled.
ORDINANCE NO. 1374
iv. The quantity of Edible Food, measured in pounds recovered per
month, collected or Self -Hauled to a Food Recovery Service or Food ,
Recovery Organization for Food Recovery.
B. Large Venues or Large Event operators not providing food service, but allowing
for food to be provided by others, shall require food facilities operating at the
Large Venue or Large Event to comply with the requirements of this section,
commencing January 1, 2024.
Nothing in this section shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good
Samaritan Act or requirements contained in food share donation regulations for schools
pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California
on September 25, 2017, which added Article 13 (commencing with Section 49580) to
Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend
Section 114079 of the Health and Safety Code, relating to food safety, as amended,
supplemented, superseded, and replaced from time to time).
8.19.110 EDIBLE FOOD RECOVERY — REQUIREMENTS FOR FOOD RECOVERY
ORGANIZATIONS AND SERVICES.
A. Food Recovery Services collecting or receiving Edible Food directly from
Commercial Edible Food Generators via a contract or written agreement shall
maintain the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(1):
'
1. The name, address, phone number, email, and contact information of each
Commercial Edible Food Generator that from which the service collects
Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible
Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
4. The name, address, phone number, email, and other contact information for
each Food Recovery Organization for which the Food Recovery Service
transports Edible Food for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators or Food Recovery Services via a contract or
written agreement, shall maintain the following records, or as otherwise specified
by 14 CCR Section 18991.5(a)(2):
1. The name, address, phone number, email, and other contact information
for each Commercial Edible Food Generator from which the organization
receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial
Edible Food Generator per month.
3. The name, address, phone number, email, and other contact information
for each Food Recovery Service from which the organization received
Edible Food for Food Recovery.
,
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ORDINANCE NO. 1374
C. Food Recovery Organizations and Food Recovery Services that have their
' primary address physically located in the City and contract with or have written
agreements with Commercial Edible Food Generators shall maintain records as
detailed in Subsections 8.919.110(A) and (B), respectively, and shall provide
such records to the City upon request.
D. Food Recovery Organizations and Food Recovery Services shall inform
Generators about California and Federal Good Samaritan Food Donation Act
protection in written communications, such as in their contract or agreement with
them.
E. When the City, its Franchise Waste Hauler, or Designee performs Food
Recovery outreach they will include information on the Good Samaritan Food
Donation Act.
F. City shall provide a list of Food Recovery Organizations located within the City to
County upon request.
8.19.120 INSPECTIONS AND INVESTIGATIONS BY CITY.
A. Authority - City Manager, environmental services manager, or their Designee are
authorized to conduct Inspections and investigations, at random or otherwise, of any
Collection Container; Collection vehicle loads; or transfer, Processing, or disposal
facility for materials collected from Generators, to confirm compliance with this
chapter by Organic Material Generators, Commercial Businesses' Property owners,
' Multi -Family Dwelling Unit Owners, Single Family Dwelling Owners, Commercial
Edible Food Generators, permitted Self -Haulers, and Food Recovery Services and
Food Recovery Organizations, subject to applicable laws.
1. Per Chapter 1.08.010 and Chapter 8.80 of the Municipal Code, these powers
include the power to issue notices of violation, the power to assess and collect
civil fines and penalties or file criminal complaints as provided in this chapter, and
the power to enter and inspect public and private property as permitted by law.
This chapter does not allow City to enter the interior of a private Residential
Dwelling for Inspection.
B. Regulated entities shall provide or arrange for access during all Inspections (with the
exception of Residential property interiors) and shall cooperate with the City or its
Designee during such Inspections and investigations. As per Chapter 1.08.010 and
in accordance with the requirements of this chapter, the City Manager or their
Designee is authorized to enter upon any non -Residential Property or Premises to
ascertain whether there are violations of this code, and to make any Inspections and
investigations that may include confirmation of proper placement of materials in
Containers, Edible Food Recovery activities, records, or any other requirement of
this chapter described herein as may be necessary in the performance of their
duties.
1. City reserves the right to implement and use a remote monitoring system to
monitor Prohibited Container Contaminants.
' 2. Failure to provide or arrange for: access to an entity's Premises; or (ii) access to
records for any Inspection or investigation is a violation of this chapter and may
MR
ORDINANCE NO. 1374
result in a determination that the Generator is out of compliance with one or more
requirements of this chapter. '
3. If the Property Owner or other Responsible Party refuses permission to enter or
inspect, the City Manager or their Designee may seek an administrative
Inspection warrant pursuant to the California Code of Civil Procedure or as
otherwise authorized by law. Following the obtaining of Owner permission to
inspect or a lawful Inspection warrant, the City Manager or their Designee is
authorized to conduct examinations and surveys that may include, but are not
limited to, the taking of photographs or video recordings and the taking of
samples or other physical evidence or recordings. All Inspections, entries,
examinations and surveys shall be done in a reasonable manner and shall at all
times comply with constitutional and statutory requirements.
C. Any records obtained by a City during its Inspections, and other reviews shall be
subject to the requirements and applicable disclosure exemptions of the Public
Records Act as set forth in Government Code Section 6250 et seq.
D. City representatives and/or its Designee are authorized to conduct any Inspections,
or other investigations as reasonably necessary to further the goals of this
ordinance, subject to applicable laws.
E. City shall receive written complaints from Persons regarding an entity that may be
potentially non -compliant with SB 1383 regulations, including receipt of anonymous
complaints. The Franchise Waste Hauler shall relay to City in writing all written
complaints it receives concerning acts or omissions of itself or another entity that is
potentially non -compliant with SB 1383 Regulations, including anonymous ,
complaints.
F. Any Person who violates any provisions of this code, as amended from time to time,
or any Person who owns Property upon which a violation exists, irrespective of
whether that Person caused the violation, shall be subject to an administrative fine
or penalty up to the maximum amounts set forth in Chapter 1.12 of the City's
Municipal Code and Section 8.19.130.
8.19.130 CITATIONS FOR ENFORCEMENT.
Pursuant to 14 CCR Section 18995.4(a)(1) the City shall begin issuing Citations for
enforcement of this Chapter 8.19 on or before January 1, 2024. If the City determines
that a Generator, Responsible Party, Self -Hauler, hauler, Tier One or Tier Two
Commercial Edible Food Generator, Food Recovery Organization, Food Recovery
Service, or other entity is not in compliance with this Chapter 8.19, it shall document the
noncompliance or violation and, with the exception of violations of the Prohibited
Container Contaminants provisions of this Municipal Code, take Enforcement Action,
including but not limited to the issuance of administrative Citations and fines, pursuant
to Chapters 1 and 8 of the City's Municipal Code. This chapter shall only apply to Non -
Local Entities to the extent permitted by applicable law.
Section 8.80 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows: I
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ORDINANCE NO. 1374
8.80 ADMINISTRATIVE REMEDIES
' 8.80.010 APPLICABILITY.
A. This chapter provides for administrative remedies, which are in addition to all other
legal remedies, criminal or civil, which may be pursued by the City to address any
violation of this code.
B. Use of this chapter shall be at the sole discretion of the City.
8.80.020 DEFINITIONS.
Words and phrases defined in Chapter 8.16 of this Municipal Code shall have the same
meanings when used in this chapter.
For purposes of this chapter, "director" means the head of any City Department or their
Designee, which is charged with responsibility for enforcement of any provision of this
code.
8.80.025 APPEALS HEARING BOARD.
A. There is established within the City an appeals hearing board which shall hear all
matters pertaining to this chapter.
B. The appeals hearing board shall consist of three regular members appointed by the
' City Manager and serving at the pleasure of the City. The members appointed to the
board shall be citizens of the City or may be employees of the City, during their term
of service.
C. Regular members of the board shall serve a term of two years, at the end of which
he/she may be considered for reappointment.
D. The board shall establish the time and place of its hearings consistent with Section
8.80.060(B).
E. The board shall keep a record of its proceedings, which shall be open for inspection
by any member of the public.
F. The City Manager shall designate an employee who shall serve as the secretary of
the board. The City clerk shall be responsible for the maintenance of all its
permanent records.
G. Two members of the board shall constitute a quorum. Two affirmative votes are
required for a decision including all motions, orders, and findings of the board.
8.80.030 NOTICE OF VIOLATION OR COMPLIANCE ORDER.
A. Whenever the director or their designee determines that a violation of any provision
of this code within the director's responsibility is occurring or exists, the director or
their designee may issue a written Notice Of Violation (NOV) or compliance order to
any Person responsible for the violation.
1. A NOV or compliance order issued pursuant to this chapter shall contain the
following information:
a. The date and location of the violation.
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ORDINANCE NO. 1374
b. The section of this code violated and a description of the violation.
C. The actions required to correct the violation. ,
d. The time period after which administrative penalties will begin to accrue if
compliance with the order has not been achieved.
e. Either a copy of this chapter or an explanation of the consequences of
noncompliance with this chapter and a description of the hearing procedure and
appeal process.
8.80.040 METHOD OF SERVICE.
B. All notices required by this chapter shall be served as provided in this Section
8.80.040.
C. Where Real Property is involved, written notice shall be mailed to the Property
Owner at the address as shown on the last equalized County assessment roll.
D. Where personal service or service by mail upon the Property Owner is unsuccessful,
a copy of the order shall be conspicuously posted at the Property which is the
subject of the order.
E. The failure of any Person to receive any notice required under this chapter shall not
affect the validity of any proceedings taken under this chapter.
8.80.050 HEARING.
A. If the director determines that all violations have been corrected within the time '
specified in the NOV or compliance order, no further action shall be taken.
B. If full compliance is not achieved within the time specified in the compliance order,
the director shall advise the secretary to the appeals board to set a hearing before
the board.
C. The secretary to the appeals hearing board shall cause a written notice of hearing to
be served on the violator and, where Real Property is involved, a notice of hearing
shall be served on the Property Owner at the address as it appears on the last
equalized County assessment roll available on the date the notice is prepared.
8.80.060 NOTICE OF HEARING.
A. Every notice of hearing on a compliance order, and NOV shall contain the date, time
and place at which the hearing shall be conducted by the appeals hearing board.
B. Each hearing shall be set for a date not less than fifteen days nor more than sixty
days from the date of the notice of hearing unless the director determines that the
matter is urgent or that good cause exists for an extension of time.
C. This hearing serves to provide the full opportunity of a Person subject to a
compliance order to object to the determination that a violation has occurred and/or
that the violation has continued to exist. The failure of any Person subject to a
compliance order, pursuant to this chapter, to appear at the hearing shall constitute
a failure to exhaust administrative remedies.
8.80.070 HEARING —FINDINGS AND ORDER.
51.1E
ORDINANCE NO. 1374
A. At the place and time set forth in the NOV or notice of hearing, the appeals hearing
board shall conduct a hearing on the NOV or compliance order issued pursuant,to
Section 8.80.030.
B. The board shall consider any written or oral evidence consistent with its rules and
procedures regarding the violation and compliance by the violator or by the Real
Property Owner.
C. Within a reasonable time following the conclusion of the hearing, the board shall
make findings and issue its determination regarding:
D. The existence of the violation.
1. The failure of the violator or Owner to take required corrective action
within the required time period.
2. The board shall issue written findings on each violation. The findings shall
be supported by evidence received at the hearing.
E. If the board finds by a preponderance of the evidence that a violation has occurred
and that the violation was not corrected within the time period specified in the
compliance order, the Board shall issue an administrative order.
F. If the board finds that no violation has occurred or that the violation was corrected
within the time period specified in the NOV or compliance order, the board shall
issue a finding of those facts.
8.80.080 ADMINISTRATIVE ORDER.
' If the appeals hearing board determines that a violation occurred which was not
,corrected within the time period specified in the compliance order, the board shall issue
an administrative order as described in this Section 8.80.080 which imposes any or all
of the following:
A. An order to correct, including a schedule for correction where appropriate.
B. Administrative penalties as provided in Section 8.80.090.
C. Administrative costs as provided in Section 8.80.100.
8.80.090 ADMINISTRATIVE PENALTIES.
A. The appeals hearing board may impose administrative penalties for the violation of
any provision of this code in an amount not to exceed a maximum of two thousand
five hundred dollars ($2,500) per day for each ongoing violation, except that the total
administrative penalty shall not exceed one hundred thousand dollars ($100,000),
exclusive of administrative costs, interest, and restitution for compliance Inspections,
for any related series of violations.
B. In determining the amount of the administrative penalty, the board may take any or
all of the following factors into consideration:
1. The duration of the violation.
2. The frequency, recurrence and number of violations, related or unrelated, by
the same violator.
3. The seriousness of the violation.
4. The good faith efforts of the violator to come into compliance.
5. The economic impact of the penalty on the violator.
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6. The impact of the violation on the community.
7. Such other factors as justice may require. '
C. Administrative penalties imposed by the board shall accrue from the date specified
in the compliance order and shall cease to accrue on the date the violation is
corrected as determined by the director or the board.
D. The board, in its discretion, may suspend the imposition of applicable penalties for
any period of time during which:
1. The violator has filed for necessary permits.
2. Such permits are required to achieve compliance.
3. Such permit applications are actively pending before the City, State or other
appropriate governmental Agency.
4. Administrative penalties assessed by the board shall be due by the date
specified in the administrative order.
E. Administrative penalties assessed by the board are a debt owed to the City and, in
addition to all other means of enforcement, if the violation is located on Real
Property, may be enforced by means of a lien against the Real Property on which
the violation occurred.
F. If the violation is not corrected as specified in the board's order to correct,
administrative penalties shall continue to accrue on a daily basis until the violation is
corrected, subject to the maximum amount set forth in Section 8.80.090(A) above.
G. If the violator gives written notice to the director that the violation has been corrected
and if the director finds that compliance has been achieved, the director shall deem
the date the written notice was postmarked or personally delivered to the director or '
the date of the final Inspection, whichever first occurred, to be the date the violation
was corrected. If no written notice is provided to the director, the violation will be
deemed corrected on the date of the final Inspection.
8.80.100 ADMINISTRATIVE COSTS.
A. The appeals hearing board shall assess administrative costs against the violator
when it finds that a violation has occurred; and that compliance has not been
achieved within the time specified in the compliance order or NOV.
B. The administrative costs may include any and all costs incurred by the City in
connection with the matter before the appeals hearing board including, but not
limited to, costs of investigation, staffing costs incurred in preparation for the hearing
and for the hearing itself, and costs for all further Inspections necessary to enforce
the compliance order.
8.80.110 FAILURE TO COMPLY WITH ADMINISTRATIVE COMPLIANCE ORDER.
Failure to pay the assessed administrative penalties and administrative costs specified
in the administrative order of the appeal hearing board may be enforced as:
A. A personal obligation of the violator.
B. If the violation is in connection with Real Property, a lien upon the Real Property. I
The lien shall remain in effect until all of the administrative penalties, interest, and
administrative costs are paid in full.
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8.80.120 RIGHT OF JUDICIAL REVIEW.
' Any Person aggrieved by an administrative order of the appeals hearing board may
obtain review of the administrative order in the superior court by filing with the court a
petition for writ of mandate pursuant to Section 1.04.090 of this code.
8.80.130 RECOVERY OF ADMINISTRATIVE CIVIL PENALTIES.
The City may collect the assessed administrative penalties and administrative costs by
use of all available legal means, including recordation of a lien pursuant to Section
8.80.160.
8.80.140 REPORT OF COMPLIANCE AFTER ADMINISTRATIVE ORDER.
If the director determines that compliance has been achieved after a NOV or
compliance order has been sustained by the appeals hearing board, the director shall
file a report indicating that compliance has been achieved.
8.80.150 COMPLIANCE DISPUTE.
A. If the director does not file a report pursuant to Section 8.80.140 above, a violator
who believes that compliance has been achieved may request a compliance
hearing before the appeals hearing board by filing a request for a hearing with
' the secretary to the board.
B. The hearing shall be noticed and conducted in the same manner as a hearing on
a NOV or compliance order provided in Sections 8.80.060 through 8.80.070 of
this chapter.
C. The board shall determine if compliance has been achieved and, if so, when it
was achieved.
8.80.160 LIEN PROCEDURE.
A. Whenever the amount of any administrative penalty and/or administrative cost
imposed by the appeals hearing board pursuant to this chapter in connection with
Real Property has not been satisfied in full within ninety days and/or has not
been successfully challenged by a timely writ of mandate, this obligation may
constitute a lien against the Real Property on which the violation occurred.
B. The lien provided herein shall have no force and effect until recorded with the
office of the County recorder. Once recorded, the administrative order shall have
the force and effect and priority of a judgment lien governed by the provisions of
Sections 697.340 of the Code of Civil Procedure and may be extended as
provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil
Procedure.
C. Interest shall accrue on the principal amount of the judgment remaining
' unsatisfied pursuant to law.
D. Prior to recording any such lien, the director of finance shall prepare and file with
the City clerk a report stating the amounts due and owing.
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E. The City clerk shall fix a time, date and place for hearing such report, and any
protests or objections thereto, before the City Council. '
F. The director of finance shall cause written notice to be served on the Property
Owner not less than ten days prior to the time set for the hearing. Such notice
shall be served as provided in Section 8.80.040 of this title.
8.80.170 PUBLIC HEARING AND PROTESTS.
A. Any Person whose Real Property is subject to a lien pursuant to Section
8.80.160 may file a written protest with the City clerk and/or may protest orally at
the City Council meeting.
B. Each written protest or objection must contain a description of the Property in
which the protesting party is interested and the grounds of such protest or
objection.
8.80.180 RECORDATION OF LIEN.
Thirty days following the adoption of a resolution by the City Council imposing a lien the
City Clerk shall file the same as a judgment lien in the office of the County recorder of
Riverside County, California. The lien may carry such additional administrative charges
as set forth by resolution of the City Council.
8.80.190 SATISFACTION OF LIEN.
Once payment in full is received by the City for outstanding penalties and costs, the t
director of finance shall either record a notice of satisfaction or provide the Property
Owner or financial institution with a notice of satisfaction so they may record this notice
with the Office of the County Recorder. Such notice of satisfaction shall cancel the
City's lien.
Section 8.81 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows:
8.81 ADMINISTRATIVE CITATIONS
8.81.010 APPLICABILITY.
A. This chapter provides for Administrative Citations which are in addition to all
other legal remedies, criminal or civil, which may be pursued by the City to
address any violation of this code.
B. Use of this chapter shall be at the sole discretion of the City.
8.81.020 ENFORCEMENT OFFICER —DEFINED.
For purposes of this chapter, "Enforcement Officer' shall mean any City employee or
agent of the City with the authority to enforce any provision of this code. The City I
reserves the right to change the Enforcement Officer or establish a new enforcement
officer at any time.
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8.81.030 Administrative Citation.
' A. Whenever an Enforcement Officer charged with the enforcement of any provision
of this code determines that a violation of that provision has occurred, the
Enforcement Officer shall have the authority to issue an Administrative Citation to
any Person responsible for the violation.
B. Each Administrative Citation shall contain the following information:
1. The date of the violation.
2. The address or a definite description of the location where the violation
occurred.
3. The section of this code violated and a description of the violation.
4. The amount of the fine for the code violation.
5. A description of the fine payment process, including a description of the time
within which and the place to which the fine shall be paid.
6. An order prohibiting the continuation or repeated occurrence of the code
violation described in the Administrative Citation.
7. A description of the Administrative Citation review process, including the time
within which the Administrative Citation may be contested and the place from
which a request for hearing form to contest the Administrative Citation may be
obtained.
8. The name and signature of the citing enforcement officer. (Ord. 865 § 1,
1998)
' 8.81.040 AMOUNT OF FINES.
A. The amounts of the fines for code violations imposed pursuant to this chapter
shall be set forth in the schedule of fines established by resolution of the City
Council and otherwise permitted by applicable law, including 14 California Code
of Regulations Section 18997.2.
B. The schedule of fines shall specify any increased fines for repeat violations of the
same code provision by the same Person within thirty-six months from the date
of an Administrative Citation.
C. The schedule of fines shall specify the amount of any late payment charges
imposed for the payment of a fine after its due date.
8.81.050 PAYMENT OF THE FINE.
A. The fine shall be paid to the City within thirty days from the date of the
Administrative Citation.
B. Any Administrative Citation fine paid pursuant to subsection A. shall be refunded
in accordance with Section 8.81.100 if it is determined, after hearing, that the
Person charged in the Administrative Citation was not responsible for the
violation or that there was no violation as charged in the Administrative Citation.
C. Payment of a fine under this chapter shall not excuse or discharge any
' continuation or repeated occurrence of the code violation that is the subject of
the Administrative Citation.
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8.81.060 HEARING REQUEST.
A. Any recipient of an Administrative Citation may contest that there was a violation '
of the code or that he or she is the Responsible Party by completing a request for
hearing form and returning it to the City within thirty days from the date of the
Administrative Citation, together with an advance deposit of the fine or notice that
a request for an advance hardship waiver has been filed pursuant to Section
8.81.070.
B. A request for hearing form may be obtained from the Department specified on
the Administrative Citation.
C. The Person requesting the hearing shall be notified of the time and place set for
the hearing at least ten days prior to the date of the hearing.
D. If the enforcement officer submits an additional written report concerning the
Administrative Citation to the hearing officer for consideration at the hearing, a
copy of this additional report shall be served on the Person requesting the
hearing at least five days prior to the date of the hearing.
8.81.070 ADVANCE DEPOSIT HARDSHIP WAIVER.
A. Any Person who intends to request a hearing to contest that there was a violation
of the code or that he or she is the Responsible Party and who is financially
unable to make the advance deposit of the fine as required in Section
8.81.060(A) may file a request for an advance deposit hardship waiver.
B. The request shall be filed with the Department of Finance on an advance deposit '
hardship waiver application form, available from the Department of Finance,
within ten days of the date of the Administrative Citation.
C. The requirement of depositing the full amount of the fine as described in Section
8.81.060(A) shall be stayed unless or until the director of finance makes a
determination not to issue the advance deposit hardship waiver.
D. The director may waive the requirement of an advance deposit set forth in
Section 8.81.060(A) and issue the advance deposit hardship waiver only if the
cited party submits to the director a sworn affidavit, together with any supporting
documents or materials, demonstrating to the satisfaction of the director the
Person's actual financial inability to deposit with the City the full amount of the
fine in advance of the hearing.
E. The Administrative Citation and any additional report submitted by the
enforcement officer shall constitute prima facie evidence of the facts contained in
those respective documents.
F. The hearing officer may continue the hearing and request additional information
from the enforcement officer or the recipient of the Administrative Citation prior to
issuing a written decision.
8.81.080 HEARING OFFICER.
The City Manager shall designate the hearing officer for the Administrative Citation I
hearing.
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8.81.090 HEARING PROCEDURE.
' A.
No hearing to contest an Administrative Citation before a hearing officer shall be
held unless the fine has been deposited in advance in accordance with Section
8.81.060 or an advance deposit hardship waiver has been issued in accordance
with Section 8.81.070.
B.
A hearing before the hearing officer shall be set for a date that is not less than
fifteen days and not more than sixty days from the date that the request for
hearing is filed in accordance with the provisions of this chapter.
C.
At the hearing, the party contesting the Administrative Citation shall be given the
opportunity to testify and to present evidence concerning the administrative
citation.
D.
The failure of any recipient of an Administrative Citation to appear at the
administrative citation hearing shall constitute a forfeiture of the fine and a failure
to exhaust their administrative remedies.
E.
The Administrative Citation and any additional report submitted by the code
enforcement officer shall constitute prima facie evidence of the facts contained in
those respective documents.
F.
The hearing officer may continue the hearing and request additional information
from the enforcement officer or the recipient of the Administrative Citation prior to
issuing a written decision.
' 8.81.100 HEARING OFFICER'S DECISION.
A.
After considering all of the testimony and evidence submitted at the hearing, the
hearing officer shall issue a written decision to either uphold or cancel the
Administrative Citation and shall list in the decision the reasons for that decision.
The decision of the hearing officer shall be final.
B.
If the hearing officer determines that the Administrative Citation should be
upheld, the fine amount on deposit with the City shall be retained by the City.
C.
If the hearing officer determines that the Administrative Citation should be upheld
and the fine has not been deposited pursuant to an advance deposit hardship
waiver, the hearing officer shall set forth in the decision a payment schedule for
the fine imposed.
D.
If the hearing officer determines that the Administrative Citation should be
canceled and the fine was deposited with the City, the City shall promptly refund
the amount of the deposited fine, together with interest at the average rate
earned on the City's portfolio for the period of time the fine amount was held by
the City.
E.
The recipient of the Administrative Citation shall be served with a copy of the
hearing officer's written decision.
F.
The employment, performance evaluation, compensation and benefits of the
hearing officer shall not be directly or indirectly conditioned upon the amount of
Administrative Citation fines upheld by the hearing officer.
'
8.81.110
LATE PAYMENT CHARGES.
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Any Person who fails to pay to the City any fine imposed pursuant to the provisions of
this chapter on or before the date that fine is due shall also be liable for the payment of I
any applicable late payment charges as set forth in the schedule of fines.
8.81.120 RECOVERY OF ADMINISTRATIVE CITATION FINES AND COSTS.
The City may collect any past due Administrative Citation fine or late payment charge by
use of all available legal means. The City also may recover its Collection costs pursuant
to Section 1.04.090.
8.81.130 RIGHT TO JUDICIAL REVIEW.
Any Person aggrieved by an administrative decision of a hearing officer or an
Administrative Citation may obtain review of the administrative decision by filing a
petition for review with the municipal court of Riverside County in accordance with the
time lines and provisions set forth in California Government Code Section 53069.4.
8.81.140 NOTICES.
A. The Administrative Citation and all notices required to be given by this chapter
shall be served on the Responsible Party in accordance with the provisions of
Section 8.80.040 of this title.
B. Failure to receive any notice specified in this chapter does not affect the validity
of proceedings conducted hereunder. '
Section 15 of the Code of the City of Palm Desert, California, is hereby amended
to read as follows:
15 BUILDING AND CONSTRUCTION
15.18.010 ADOPTION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE.
That certain document in book form entitled California Green Building Standards Code,
Title 23 Part 11, Chapters 4 and 5, known as CALGreen, as amended, (CGBSC),
copyrighted by the "California Building Standards Commission," 2525 Natomas Park
Drive, Suite 130, Sacramento, California, 95833-2936, prescribing regulating public
health, safety and general welfare by enhancing the design and construction of
buildings through the use of building concepts having a reduced negative impact, or
positive environmental impact and encouraging sustainable construction practice within
the City, are hereby adopted by reference as the "Green Building Code" of the City of
Palm Desert, and from the date on which the ordinance codified in this chapter shall
take effect, the provisions thereof shall be controlling within the corporate limits of the
City of Palm Desert. The California Green Building Standards Code will be on file for
public examination in the office of the building official.
15.30.010 CONSTRUCTION SITE SECURITY. I
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A. The owner, contractor or responsible party constructing a new building, addition,
' alteration, or demolition to an existing building shall maintain security measures
as deemed necessary or as required by the building official to control vandalism,
fires, blowing dust, sand or debris.
B. Perimeter security fencing is required along all property lines. Fencing shall be a
minimum six feet high with a minimum ninety-four percent blackout heavy-duty
plastic screening. The number of access points onto the site shall be minimized,
and where feasible, situated in locations that are highly visible from an adjacent
Street. Vehicle and pedestrian gates and openings shall have gates secured
after hours of operation. Locking gates shall be secured with minimum 3/8-inch
thick, 30-grade coil chain, or minimum 5/16-inch cable. The perimeter security
fencing shall be maintained and remain in place through the duration of the
project or until a permanent wall/fencing is installed.
C. The Owner, contractor or responsible party constructing a new building, addition,
alteration, or demolition to an existing building shall keep the construction site
clean by having adequately sized Discarded Materials Containers placed on the
site for the depositing of Discarded Materials. For the purpose of this section,
Discarded Materials shall have the same meaning as in Chapter 8.16., and shall
include those substances that may be accumulated as a result of construction
activities.
D. In accordance with Chapter 15.18.010 the Owner, contractor or responsible party
will meet diversion requirements as specified in Chapters 4 and 5 of the
' California Green Building Code, 23 CCR, Part 11.
a. Containers, as defined in Chapter 8.16 of this municipal code, shall remain
on the construction site until the building inspector has completed the final
Inspection or has approved the removal of the Container. Said Container
shall be emptied of its contents on a regular schedule or as ordered by the
building inspector in order to avoid blowing debris or other public
nuisances.
E. Disposal shall be by transportation to a legally established recovery, Processing,
or disposal site by the City's Franchise Waste Hauler or other Person authorized
by law to remove any Container from the location where the Person in charge for
storage and Collection placed the Container.
F. Refusal to comply with the provisions of this section shall be deemed a
misdemeanor or infraction and is punishable as stipulated in Chapter 1.12 of this
code. The noncompliance can be sufficient cause for the revocation of the issued
building permit.
15.30.020 NEW CONSTRUCTION.
Persons applying for a permit from the City for new construction and building additions
and alternations shall comply with the adequate Container space requirements of
Chapter 8.12.030 and applicable required components of the California Green Building
' Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is
covered by the scope of CALGreen. If the requirements of CALGreen are more
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stringent than the Container enclosure requirements of Chapter 8.12.030, the
CALGreen requirements shall apply. '
15.30.030 REQUIREMENTS TO RECEIVE A BUILDING PERMIT.
Prior to the issuance of a building permit for all new projects requiring a building permit,
the proponent of the project shall obtain the review and approval of the City Manager or
their designee of a plan depicting the Recyclable Materials and/or Organic Materials
Collection area or areas for the project. The plan shall comply with the following
provisions:
A. Location. Recyclable Materials and/or Organic Materials Collection areas may
be located either indoors or outdoors and may be included as part of the
same enclosure where Solid Waste is collected. In no case shall any
Recyclable Materials and/or Organic Materials Collection area be farther from
a dwelling unit or structure than the Solid Waste Collection area which serves
the same dwelling unit or structure.
B. Signage. Collection areas and Containers shall be clearly labeled to indicate
the type and condition of Discarded Materials accepted.
C. Space Allocation Based on an Approved Recycling Plan. In lieu of having
specific Collection area space allocation tables or formulas, and to allow
maximum flexibility, a Recycling plan may be submitted by the applicant
which details the Recyclable Materials and/or Organic Materials Collection
system from the individual workstations to the final Collection area and/or the
'
size of interim and final Collection areas (which must be minimum of one
hundred twenty-eight square feet) and type of materials collected.
Section 24.04 of the Code of the City of Palm Desert, California, is hereby
amended to read as follows:
24.04 WATER -EFFICIENT LANDSCAPE
24.04.010 PURPOSE AND INTENT.
The purpose of this chapter is to establish minimum water -efficient landscape
requirements for newly installed and rehabilitated landscapes. It is also the purpose of
this chapter to implement these minimum requirements to meet the State of California
Code of Regulations Title 23, Water Division 2, Department of Water Resources
Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the Model Water Efficient
Landscape Ordinance and the State of California Water Conservation in Landscaping
Act, Reference: Sections 65591, 65593, 65596 Government Code.
A. The Coachella Valley Water District (CVWD) has created a water -efficient
landscape ordinance in compliance with the Department of Water Resources Model
Water Efficient Landscape Ordinance; Attachment A of Ordinance 1302.1 Landscape '
and Irrigation System Design Criteria ("CVWD Ordinance"). The City hereby adopts by
reference CVWD Ordinance No. 1302 (in its most current edition as of the date of plan
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submittal) as the City's water -efficient landscape criteria. It is the intent of the City
' Council to defer technical irrigation review and approval process to CVWD consistent
with the CVWD ordinance. The City will have full authority over aesthetic (plant choice,
spacing, and design) review.
B. It is the intent of the City Council to promote water conservation through the
planning, design, installation, and maintenance of landscapes by the use of climate -
appropriate plant material and efficient irrigation as well as to create a Palm Desert
landscape theme through enhancing and improving the physical and natural
environment. The application of mulch and compost to landscaping projects enhances
soil water retention and creates demand for recycled -organic content products.
C. These provisions are supplementary and additional to the subdivision and zoning
regulation of this code and shall be read and construed as an integral part of the
regulations and controls established thereby.
D. Refer to Ordinance No. 1302.1, an Ordinance of the Coachella Valley Water
District establishing landscape and irrigation system design criteria. As Ordinance No.
1302.1 is amended and/or revised, so is Chapter 24.04, Water -Efficient Landscape, so
that it reflects the currently adopted version of the CVWD ordinance.
24.04.020 APPLICABILITY.
This chapter applies to:
' A. All new and rehabilitated landscaping for Public Agency projects and private
development projects including, but not limited to, industrial, commercial, and
recreational projects.
B. Developer installed and rehabilitated landscaping in single-family tracts, five or
more infill lots, and multifamily projects, per CVWD Ordinance 1302.1.
C. New construction landscapes that are homeowner -provided and/or homeowner -
hired in single and multifamily residential projects with a cumulative total
Property/project landscape area equal to or greater than five thousand square
feet.
D. Existing landscapes are subject only to Sections 24.04.120, 24.04.130,
24.04.150, and 24.04.160.
24.04.030 APPLICABILITY —EXEMPTIONS.
The following are exempt from the provisions of this chapter:
A. Homeowner -provided or rehabilitated landscaping at single-family and multifamily
projects having a cumulative total Property/project landscape area of less than
five thousand square feet.
B. Cemeteries.
C. Registered historical sites as determined by the City Council.
D. Ecological restoration projects that do not require a permanent irrigation system.
E. Plant collections, excluding typical landscaped areas, as part of botanical
gardens and arboretums open to the public.
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24.04.040 LANDSCAPE DOCUMENTATION PACKAGE.
A.
Two copies of a landscape documentation package conforming to this chapter
'
shall be submitted to the City of Palm Desert and CVWD per Ordinance 1302.1.
Preliminary approval of the project, specifically the landscape design plan as
outlined in Section 24.04.050, and defined within CVWD Ordinance 1302.1, shall
be obtained from the architectural review commission prior to submittal of the
landscape documentation package to the director of public works. No Person,
either as Property Owner, contractor, landscape architect or otherwise subject to
the provisions of this chapter shall cause landscape construction work to begin
without having an approved landscape documentation package approved by
CVWD per Ordinance 1302.1, and from the director of public works.
B.
All requirements for the landscape documentation package are found within
CVWD Ordinance 1302.1.
C.
Landscapes shall be maintained per the approved landscape documentation
package.
D.
All Property Owners, Persons, firms, corporations, agents, employees or
contractors of regulated projects shall complete and submit the landscape project
application and comply with the approved landscape documentation package as
required pursuant to this chapter and, CVWD Ordinance No. 1302.1.
E.
An approved landscape documentation package will run with the Property and
the installed landscape will be maintained into perpetuity per the approved
landscape documentation package. A current or new Property Owner may
request amendments to an approved landscape documentation package
'
provided they are consistent with the original intent, design quality, and water
efficiency of the original approved landscape documentation package. Any
request shall be subject to the current City approval process.
24.04.050 LANDSCAPE DESIGN PLAN.
A. For efficient use of water, a landscape design plan shall be carefully designed
and planned for the intended function of the project.
B. The landscape design plan shall be submitted as part of the landscape
documentation package and include all components, contents, and items
required by CVWD Ordinance 1302.1.
C. The landscape design plan shall incorporate design criteria found in the current
edition of the City's "Desert Flora Design Guide" publication.
24.04.060 INVASIVE PLANT SPECIES.
Noxious weeds are any weed designated by the weed control regulations in the Weed
Control Act and identified on a regional district noxious weed control list. Lists of
invasive plants are maintained at the California Invasive Plant Inventory and USDA
invasive noxious weeds database and are prohibited in a landscape design.
24.04.070 LANDSCAPE AND IRRIGATION MAINTENANCE. '
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A. A regular maintenance schedule containing the following conditions shall be
' submitted with the certificate of completion for all projects:
1. Landscapes shall be maintained to ensure water efficiency. The regular
maintenance schedule shall include but not be limited to routine inspection,
adjusting and repairing irrigation equipment; aerating and dethatching turf
areas; replenishing decomposed granite ground cover; fertilizing; pruning,
weeding, and removing any obstruction to emission devices in all landscaped
areas.
2. Whenever possible, repair of irrigation equipment shall be done with the
originally specified materials or their equivalents.
3. Operation of irrigation systems outside the normal watering window is allowed
for auditing and system maintenance.
4. Landscape and irrigation maintenance activities shall be pursuant to those
described in the current edition of the City's "Desert Flora Maintenance"
publication.
24.04.080 LANDSCAPE IRRIGATION AUDITS.
Landscape irrigation audits shall be completed for new developments and existing
landscape pursuant to CVWD Ordinance 1302.1.
24.04.090 GRADING DESIGN PLAN.
' Grading design plans per Title 27 of the Palm Desert Municipal Code shall be submitted
as part of the landscape documentation package. For the purpose of this section, the
grading design plan shall meet and shall be submitted pursuant to CVWD Ordinance
1302.1.
24.04.100 CERTIFICATE OF COMPLETION.
Certificates of completion shall be certified by a license architect or designer of record
per CVWD Ordinance 1302.1 and submitted to the City of Palm Desert for all projects.
24.04.110 PROVISIONS FOR EXISTING LANDSCAPES.
Existing landscapes in excess of one acre in size shall be subject to a landscape audit,
irrigation survey, and water use analysis pursuant to CVWD Ordinance No. 1302.1,
Landscape and Irrigation System Design Criteria.
24.04.120 NUISANCE AND WASTE WATER PREVENTION.
A. Public Nuisance Declaration. Any landscaping or landscaping irrigation system
installed or maintained in violation of this chapter, including those failing to
conform to approved landscaping plans, is declared to be a public nuisance
under Section 8,70,010 and 8,70,030 and is subject to abatement pursuant to
Chapter 8.20.
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ORDINANCE NO. 1374
B. Nuisance Water. The operation of a landscape irrigation system that creates
overspray and/or runoff onto impervious surfaces (such as Sidewalks, driveways, ,
ditches, gutters, and roadways) in the public right-of-way shall be deemed to
create nuisance water when such condition is observed to exist on any three
days within a seven-day period. Nuisance water is a public nuisance under
Section 8.20.020(T)(8) and subject to abatement pursuant to Chapter 8.20.
C. Variances. The City Manager or their designee may, in writing, grant variances to
Persons who apply in writing for water uses prohibited by this chapter if it is
found that a variance is necessary to prevent an emergency condition relating to
health and safety, and if the Person seeking a variance has demonstrated that he
or she has implemented measures in some other manner that achieves the
objectives of the chapter.
24.04.130 FEES FOR INITIAL REVIEW AND PROGRAM MONITORING.
A. For the purposes of meeting its obligations under this chapter, the following fees
are deemed necessary to review landscape documentation packages and
monitor landscape irrigation audits and shall be imposed on the subject
applicant, Property Owner or designee.
1. A landscape documentation package review fee will be due at time of initial
project application submission to the Public Works Department.
2. The water purveyor may require every five years the project owner/developer
to cause a landscape irrigation audit to be completed by a certified landscape '
irrigation auditor. No City fee will be due for the review of the audit by the
director of public works.
3. If a landscape documentation package is not submitted prior to the start of
landscape construction work by those Persons required to submit a package,
a late submittal fee of twice the review fee shall be charged.
4. The City Council, by resolution, shall establish the amount of the above fees
in this section in accordance with applicable law.
24.04.140 ENFORCEMENT AND PENALTIES.
A. For the purposes of ensuring that Persons comply with the provisions of this
chapter, the City Manager or their designee may, following written notice to
subject Property Owner(s), initiate enforcement action(s) against such Property
Owner(s) or designee(s), which enforcement action may include, but not be
limited to, the following:
1. Revocation of a landscape documentation package.
2. Revocation of an approved conditional use permit.
3. Withholding issuance of a certificate of use, certificate of occupancy, or
building permit.
4. Issuance of a stop work order.
5. Public nuisance abatement pursuant to Chapter 8.20.
6. Issuance of a citation. '
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ORDINANCE NO. 1374
7. Any landscaping that is installed, constructed, altered, enlarged, converted,
' moved, or maintained contrary to the provisions of this chapter and/or CVWD
Ordinance No. 1302.1, or failure to comply with any of the conditions of an
approved landscape documentation package, permit, precise plan,
conditional use permit or variance granted by the architectural review
commission, planning commission, and City Council under this chapter or
CVWD Ordinance No. 1302.1, is declared to be unlawful. Any Property
Owner, Person, firm, corporation, agent, employee or contractor, otherwise
violating any provision of this chapter or CVWD Ordinance No. 1302.1 shall
be guilty of an infraction and shall be punishable as provided herein.
24.04.150 APPEALS.
Decisions made by the director of public works may be appealed by an applicant,
Property Owner(s) or designee(s) of any applicable project to the City Manager in
writing, within fifteen days from the date of notification of decision. The City Manager's
decision may be appealed to the City Council by an application in writing to the City
clerk of the City Council within fifteen days from the date of notification of decision.
Section 25.10 of the Code of the City of Palm Desert, California, is hereby
amended to read as follows:
' 25.10 RESIDENTIAL DISTRICTS
25.10.040 SPECIFIC USE STANDARDS.
The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use
Matrix for Residential Districts):
A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a
maximum of 10 dwelling units per acre, or as indicated on the zoning map.
Multifamily dwelling units are permitted within the R-3 district at densities
between 7 and 40 dwelling units per acre, or as indicated on the zoning map.
B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for
Residential Districts), group homes are limited to 6 or fewer residents.
C. Planned Residential. Cluster development and/or condominiums are permitted as
part of a planned development.
D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least
100 feet away from any neighboring residential home.
E. Stables. The stabling of horses (or mules) is permitted with an administrative use
permit in the residential estate district subject to the following provisions:
1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be
permitted on a lot of 40,000 square feet minimum area with a total number of
horses all sizes not exceeding three. (This would allow one additional pony or the
' temporary keeping of one foal).
2. Horses must be kept within a corral and/or enclosed stable of the following
minimum dimensions:
ORDINANCE NO. 1374
a. Corral. 288 square feet per horse; minimum dimensions of 12 by 24
feet, and one-third shaded.
b. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per
'
horse. Stable shall be ventilated for the desert environment.
C. Construction. Corrals and stables shall be constructed of material
and in such a manner to adequately contain the horses.
3. Barns, corrals or stables constructed to maintain horses shall be located
not less than 35 feet from any residence or habitable structure on the same lot
and not less than 50 feet from any residence or habitable structure on adjacent
lots. Barns, corrals, or stables may be located within 50 feet of a front property
line if the finding can be made that the design and appearance of such structures
are compatible with surrounding properties. No horses shall be permitted within
100 feet of an adjacent Property not zoned RE (i.e., R1, O.P., PR).
4. Definitions for Organic Material, and Diverted from Chapter 8.16 shall
apply to this subsection. Animal manure shall be stored in appropriate
receptacles and composted or otherwise properly Diverted as an Organic
Material, according to Chapter 8.19, not less than once per week.
5. Barns, corrals, or stables shall be cleaned and maintained such that dust,
flies, and odors shall not create a nuisance for adjacent properties and not less
than once per day.
F. Large Family Day Care. Large family day care facilities require the issuance of a
large family day care use permit in accordance with Section 25.64.020, and are
permitted subject to the following requirements:
1. Space and Concentration. Properties proposed for use as large family
'
day care homes shall be located no closer than 300 feet in all directions from
another large family day care home. An adjustment may be granted according to
Chapter 25.64.030 (Adjustments) of this ordinance to reduce this distance to no
more than 100 feet.
2. Traffic Control. A traffic circulation plan shall be designed to diminish
traffic safety problems. Residences located on major arterial Streets (as shown
on the General Plan circulation map) must provide a drop-off/pick-up area
designed to prevent vehicles from backing onto the arterial roadway. The
applicant may be required to submit a plan of staggered drop-off and pick-up
time ranges to reduce congestion in neighborhoods already identified as having
traffic congestion problems.
3. Parking. All homes used for large family day care facilities shall provide at
least three automobile parking spaces, no more than one of which may be
provided in a garage or carport. Parking may be on -street if contiguous to
Property. These may include spaces already provided to fulfill residential parking
requirements.
4. Noise Control. Operation of the facility shall comply with all provisions of
Chapter 9.24 (Noise Control) of the Palm Desert Municipal Code. Additional
conditions may be placed on use permits to reduce noise impact if ongoing
problems exist.
5. Signage. No signs or other exterior markings identifying a large family day
'
care operation shall be allowed on the applicant's home.
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ORDINANCE NO. 1374
6. Residency. The applicant must be a primary resident of the home that is
proposed as a large family day care home.
7. Contact Person. The current name(s) and telephone number(s) of the
applicant, and all other operators if different from the applicant, of the family day
care home shall be on file with the city at all times.
8. State Licensing. All appropriate licensing from the California Department
of Social Services shall be obtained prior to commencing operation of any large
family day care home in the City.
9. Building and Fire Code Compliance. Consistent with Section 1597.46 of
the Health and Safety Code, the proposed large family day care home must
comply with all building and fire code provisions applicable to single-family
residences, and with such additional standards as the State Fire Marshal, from
time to time, adopts pursuant to Section 1597.46(d) of the Health and Safety
Code to promote the fire and life safety of children in large family day care
homes. (See Title 22 of the California Code of Regulations.)
10. Smoking Restricted. Consistent with Section 1596.795 of the Health and
Safety Code, smoking of tobacco and other substances —whether in pipe, cigar,
or cigarette form —shall not be allowed in the applicant's home during its hours of
operation as a large family day care home with respect to those areas of the
home where children are present.
11. Proof of Control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the Real Property proposed to be
used as a large family day care home.
G.
t
Recreational Use, Commercial. Commercial recreation uses are limited to the
PR zone only with the issuance of a conditional use permit when not directly
related to a permitted residential development.
H.
Recreation Facility, Incidental. Limited commercial uses are authorized as part
of this use classification which are commonly associated with and directly related
to the primary use.
I.
Commercial Parking Lot. Parking lots that service commercial establishments
are permitted within 300 feet of the related commercial establishment.
J.
Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up
to a maximum of 40 units per gross acre with the issuance of a conditional use
permit. In the PR zoning district, the maximum density shall be approved by the
Commission or Council.
K.
Government Office Building. Small neighborhood government office buildings
are permitted up to 5,000 square feet in size.
L.
Office Parking Lot. Parking lots that serve office developments are permitted
when located directly adjacent to the office professional zone and consistent with
recommendations of the General Plan.
M.
Professional Office within Residential District. These uses are permitted with
the issuance of a conditional use permit, provided Property to be developed is
abutting or across the Street, or across an alley from commercially zoned
Property. Residential development standards are to be used to ensure
compatibility.
04
ORDINANCE NO. 1374
25.10.050 DEVELOPMENT STANDARDS.
The development standards on Table 25.10-3 (Residential Zoning District Development '
Standards) are applicable to the residential zoning districts. These standards, along with
other development standards (e.g., landscaping requirements, signs, and parking
standards) in this title, are intended to assist Property Owners and project designers in
understanding the city's minimum requirements and expectations for high -quality
development.
A. Hillside Planned Residential Development Standards. The following
standards must be met prior to the approval of a hillside development plan as
described in Section 25.78.020:
1. Density. Each lot shall be limited to a maximum of one unit per 5 acres. All lots
will be entitled to at least one unit.
2. Grading. Location of building pads and access roads shall be evaluated,
approved, or adjusted based on consistency with the following:
3. Preserved natural contours of the land to avoid extensive cut and fill slopes to
reduce the need for a staircase effect within developments.
b. Architecture and landscape design which blends with the natural terrain to
the greatest practical extent.
c. Retention and protection of undisturbed viewsheds, natural landmarks,
and features including vistas and the natural skyline as integral elements.
d. Building Pad Area. The maximum area permanently disturbed by grading '
shall not exceed 10,000 square feet.
e. Access Road or Driveway. Maximum permanent grading disturbance of
natural terrain for development of access to the approved building pad
shall be 3,000 square feet. Roads shall be located and designed to blend
with the natural terrain to the greatest practical extent consistent with the
grading provisions listed in this subsection A.2.
f. Renaturalization. All cuts, fills, or other areas temporarily disturbed by
grading shall be re -naturalized, colored, and landscaped to blend with the
adjacent undisturbed natural terrain to the satisfaction of the city council.
g. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory
building size on any one lot shall not exceed 4,000 square feet.
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by one of the following: ,
5. Precise Plan. The commission and council may approve a precise plan of design
through public hearing process that modifies the standards in subsection A.1
through A.3. Said precise plan shall take into consideration any and all
circumstances, including, but not limited to, viewshed, topography, color, texture,
and profile of any structure that the commission or council may determine to be
in conformity with the purposes set forth in this section.
b. Previously Approved Existing Building Pads. If a Property Owner can
demonstrate that a previous building pad was approved by the city or
county before incorporation, a home and accessory structure(s) may be
built on a previously approved building pad without a public hearing. The
ORDINANCE NO. 1374
building size shall be limited to 35 percent of the lot, which may be
increased up to 50 percent with ARC approval. Enlarging a previously
approved existing building pad shall require a new public hearing subject
to the provisions of this chapter.
c. Previously approved existing building pads shall be subject to the
standard coverage limitations of 35 percent, which may be increased up to
50 percent with ARC approval. Any change to an existing approved
building pad shall require a new public hearing subject to the provisions of
this chapter.
6.
Development on or across ridges is prohibited.
7.
Building pads and architecture shall be designed to eliminate or minimize any
visual impact on the city to the maximum extent feasible.
8.
All common open space shall be preserved for that purpose as shown in the
development plan. The developer shall choose one or a combination of the
following 3 methods of administering common open space:
9.
Dedication of common open space to the city, which is subject to formal
acceptance.
b.
Establishment of an association or nonprofit corporation of all Property Owners
or corporations within the project area to ensure perpetual maintenance of all
common open space.
c.
Retention of ownership, control, and maintenance of all common open space by
the developer; all privately owned common open space shall continue as such
and shall only be used in accordance with the development plan; appropriate
'
land use restrictions shall be contained in all deeds to ensure that the common
open space is permanently preserved according to the development plan; said
deed restrictions shall run with the land and be for the benefit of present as well
as future Property Owners, and shall contain a prohibition against partition of
common open space.
d.
Design Criteria. The following design criteria are established:
a.
The overall plan shall achieve an integrated land and building relationship.
b.
Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and
other pertinent amenities shall be an integral part of the landscape and particular
attention shall be given to the retention of natural landscape features of the site.
c.
The layout of structures and other facilities shall affect a conservation in Street
and utility improvements.
d.
Recreational areas, active and passive, shall be generally dispersed throughout
the development and shall be easily accessible from all dwelling units.
e.
Architectural unity and harmony within the development and with the surrounding
properties shall be attained.
f.
Planned Residential District Standards.
1.
Purpose. It is the purpose of the PR district to provide for flexibility in
development, creative and imaginative design, and the development of parcels of
land as coordinated projects involving a mixture of residential densities and
housing types, and community facilities. The PR district is further intended to
'
provide for the optimum integration of urban and natural amenities within
developments. The PR district is also established to give a land developer
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ORDINANCE NO. 1374
assurance that innovative and unique land development techniques will be given
reasonable consideration for approval and to provide the city with assurances
that the completed project will contain the character envisioned at the time of
approval.
2. Filing Procedure. To initiate the review process, the applicant shall file
applications for a change of zone (if needed) to a PR district along with a precise
plan, tentative tract/parcel map and supporting environmental documentation.
3. Maximum Project Densities. The maximum project density shall be as expressed
in dwelling units per gross acre of not more than the number following the zoning
symbol PR. The council shall determine the densities to be allowed within each
PR district at the time the involved properties are rezoned and as designated on
the zoning map within the following range: one to 40 dwelling units maximum per
average gross acre. The density designation shall mean dwelling units per
average gross acre. For example, PR-7 means a planned residential
development with seven units per gross acre.
4. Maximum Density for "Affordable Projects." For projects containing at least 20
percent units affordable to low-income households as defined by the Riverside
County Housing Authority, a maximum density of 55 dwelling units per acre may
be allowed by precise plan. To be eligible for this program, the developer must
enter into a development agreement which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
5. Development Standards Applicable. All areas within the project site shall be
subject to the following: t
6. The standards for development of PR districts set forth in this chapter and any
supplemental standards for the planned community designated in the precise
plan.
b. Off street parking and loading requirements. All parking and loading shall
comply with the provisions of Chapter 25.46.
c. Utilities. For provisions regarding utilities, see Section 25.40.120.
d. Signs. All signs shall be in compliance with Chapter 25.56.
e. Outside Storage. No outside storage shall exceed the height of actual
perimeter screening.
f. Screening. All screening requirements for developments within the PR
district shall be determined by the ARC during review of the precise plan.
g. Discarded Material Handling. Discarded material holds the same definition
and regulations as provided in Chapter 8.16.Enclosures for handling
Discarded Materials shall be provided for all developments within the PR
district with the exception of single-family detached dwelling units. An
enclosure for Discarded Materials will be provided and follow the
regulations as established in Chapter 8.12. The freestanding Discarded
Materials enclosure shall be constructed of masonry block. No Discarded
Materials shall be allowed to extend above or beyond the enclosure.
h. Site Plan Review. Review of a site plan by Planning Department staff shall
be required before a building permit is issued for any development in the '
PR district.
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ORDINANCE NO. 1374
7. Special Standards. In addition to requiring all development plans to comply with
' the following special standards the council and/or commission may impose such
other conditions to the development plan as it deems necessary or desirable in
carrying out the general purpose and intent of this chapter.
8. Minimum Project Area. Projects of less than 7 dwelling units per acre shall have
a minimum area of 5 acres. Projects of 7 to 18 dwelling units per acre shall have
a minimum area of 10 acres. Projects with 18+ dwelling units per acre shall have
a minimum area greater than 10 acres.
b. Minimum Project Width. Projects of less than 7 dwelling units per acre
shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling units
per acre shall have a minimum width of 250 feet. Projects with 18+
dwelling units per acre shall have a minimum width greater than 300 feet.
c. Minimum Project Perimeter Setback. The minimum perimeter setback
shall be 20 feet from all Property lines adjacent to existing or proposed
public Streets.
d. Minimum Project Building Coverage. Projects of less than 7 dwelling units
per acre shall have a maximum building coverage of 40 percent. Projects
of 7 to 18 dwelling units per acre shall have a maximum building coverage
of 50 percent. Projects with 18+ dwelling units per acre shall have a
maximum building coverage of 80 percent.
e. Minimum Lot Area. For single-family detached, the minimum lot area shall
be as approved by the development plan. For single-family attached, the
' minimum lot area shall be 2,500 square feet. For a two-story dwelling, the
minimum lot area shall be 3,000 square feet. For multiple -family buildings,
the minimum lot area shall be as approved on the tract map.
f. Minimum Yards —Development Standards. For single-family attached,
two-story family dwellings and multiple -family buildings, the minimum
front, side, and rear yards shall be as approved on the tract map.
9. Minimum Separation Between Sides of Buildings. For single -story, single-family
detached buildings there shall be a minimum of 7 feet between sides. For two-
story, single-family detached buildings there shall be a minimum of 10 feet
between two-story elements.
10. Minimum Common Open Space.
11. Projects of less than 7 dwelling units per acre shall have a minimum common
open space of 30 percent of the net area.
b. Projects of 7 to 18 dwelling units per acre shall have a minimum
common open space of 20 percent of the net area.
c. At least 50 percent of all required common open space shall be
approximately level, defined as not more than 13.5 percent grade.
d. The common open space shall be land within the total development site
used for recreational, including buildings used for recreation purposes,
parks or environmental purposes for enjoyment by Occupants of the
development and their guests, or dedicated to the city for public parks.
e. Common open space shall not include public or private streets,
driveways, private yards, or patios and parking areas.
1002
ORDINANCE NO. 1374
f. Building Height. The maximum building height in a PR district shall be
40 feet or three-story, whichever is less, or as approved by the Planning '
Commission.
12. Maximum Dwelling Units per Building. The maximum number of dwelling units
per building shall be as approved by the Planning Commission.
13. Required Width of Private Roads. With no parking, the private roads shall be 20
feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40
feet wide. The roadways shall be a minimum of asphaltic concrete with concrete
curbs and gutters as approved by the Director. Standards of design and
construction of roadways, both public and private, within the project may be
modified as is deemed appropriate by the city, especially where it is found that
the development plan provides for the separation of vehicular and pedestrian
circulation patterns and provides for adequate off street parking facilities.
14. RV Park Standards. The following standards apply to recreational vehicle parks:
15. Minimum project size of 5 acres.
b. Maximum density of 12 spaces per acre.
c. Minimum space area of 1,500 square feet, minimum dimension 30 feet
by 50 feet.
d. Minimum 40 percent common open space/recreation area.
e. Front project setback adjacent to public street of 25 feet with
combination of 6-foot masonry wall and landscaping to screen all
recreation vehicles.
f. Interior property lines to be bounded by 6-foot masonry wall and at least '
10 feet of landscaping.
g. Projects may be single -use or developed as part of a larger resort or
residential development.
h. RV parks shall be taxed as a transient occupancy use.
i. Permitted Accessory Uses. Private recreational facilities and limited
commercial directly associated with primary use as approved by
commission.
j. Building Setbacks from the Planned Street Line. The minimum setback
in all residential developments within the PR district shall be the
designated distances from the ultimate right-of-way line of the Streets
specified in this title unless otherwise provided in this section:
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ORDINANCE NO. 1374
Table 25.10-2: Setbacks from Planned Street Lines
Street Type $efback Disfarice' "
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Local 25feet
16. Two-story, single-family detached building setbacks from project perimeter:
a. The minimum setback shall be 100 feet or one lot depth, whichever is more.
b. The commission may waive interior setback requirements when adjacent
developments are planned simultaneously.
c. Development standards within the PR districts may be modified through
the precise plan process as specified in Section 25.72.030.
b. Approval Criteria. The commission and/or council may approve a precise plan
only after finding that the requirements of this title and other ordinances affecting
the Property have been satisfied. In granting such approval, the
commission/council may impose and enforce such specific conditions as to site
development, phasing and building construction, and maintenance and operation
as it deems necessary to carry out the purposes of this title and the General
Plan. All development within the PR district shall comply with the development
plan as approved and adopted by the commission/council.
szs
ORDINANCE NO. 1374
Table 25.10-3: Residential Zoning District Development Standards
C
RE3
R-13
>_i ac
.>_15,0
. >_10,0'
<1,0,0';
P'R
OO sf
00 sf;
.00 sf
!R-2`'
'R`3
` j M� HPR4
but
' Measurement/Zo,
<_15,0
ning District
00 sf
Residential "
Density
Density (du/ac), 11-
2
2-3
3-4
5-88
3-
7—
7
1/5
4-
min —max
I
110
140
I ac
40
1
Lot Dimensions J
Lot size, min
40,00
,
15,00
10,00
8,000
3,50
3,00
20 — —
0 sf
0 sf
0 sf
sf
0 sf
0 sf
ac /
0sf '
0 sf
Lot size, max
1 ac
No
14,99
9,999
No
No
No — —
max
9 sf
sf
max
max
max
Lot width, min
150'
90'
90,
70'
50'
40'
500' — —
I
Il
Lot depth, min
200'
125'
100,
—
-
-
— — —
I�
Setbacks
Front yard, min
30'
25'
20'
20'
12'
10'
20'
5'
Side yard, min
15'
15'
8'
5' 6
5'
8'
10, / — —
5'
Combined both
30'
30'
20'
1016
10,
10,
— — —
sides, min
Street side yard,
30'
15'
10,
10,
10'
10'
20' / — —
min
'
-75-
ORDINANCE NO. 1374
Rear yard, min 50' 20' 120' 15' 115' 110' 10'
/ - -
1 5'
Residential See Section 25.40.050 (Accessory Buildings and Structures)
accessory
structures
Coverage
Lot coverage, 30% 35%2 35%2 35%2 60% 75% —
max percentage
of lot area
Building
Measurements
10% 50
Height, max 15' 15' 15' 15' 30' 40' 18' _
(18'
(18'
(18'
(18'
ARC)
ARC)7
ARC)'
ARC)
Number of
1
1
1
2
2.5
3 1
Stories, max.
Dwelling unit
1,500
1,250
1,000
1,000
600
450 —
size, min
sf
sf
sf
sf
sf
sf
Dwelling unit
—
—
—
—
4,00
4,00 —
size, max
0 sf
0 sf
Site area per
—
—
—
—
4,00
2,50 —
dwelling unit, min
0 sf
0 sf
Building pad
—
—
—
—
—
— —
area, max
Open Space
Group usable
—
—
—
—
— •
300 —
open space per
I
I sf
dwelling unit, min
-76-
EM
1 3
4,000 —
sf
10,00 —
0 sf
ORDINANCE NO. 1374
Notes
1. The dimension requirements included in this column apply to a manufactured
'
home park project sites as well as individual sites within the park. The first dimension is
for the larger project site.
2. Lot coverage may be increased to as much as 50 percent pending ARC'approval,
through the design review process.
3. All development standards are based on the square footage shown on the zoning
map and not necessarily the physical lot size of a Property. Properties only zoned R-1
without a square footage allocation shall comply with standards for < 10,000 square
feet. Confirm standards with Planning Division staff for correct zoning designation and
lot size development standards.
4. Hillside Development Plan approval process in Section 25.78.020
5. The standards and guidelines presented in this section provide design criteria for
the achievement of functional and attractive developments that fit within the context of
the city of Palm Desert. Exceptions to the criteria contained within the Development
Plan may be .appropriate with the application of innovative and unique design
techniques in keeping with the character envisioned at the time of approval.
6. Setbacks within the Palm Desert Country Club in R-1 and R-2 have a 5 feet
sideyard setback (See Figure 25.10-1 Palm Desert Country Club Setbacks) and a
,
combined setback of 10 feet.
7. Allowable maximum building height is 18 feet with approval by the Architectural
Review Commission (ARC).
LJ
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ORDINANCE NO. 1374
Figure 25.10-1 Palm Desert Country Club Setbacks
— a -city Baundsry
PjariaA-zPa iv�!%WnsbeeatmDeus[cah:,yg0
F7 Patin Desed 6unfrvbub
M
ORDINANCE NO. 1374
PASSED, APPROVED, ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the 27th day of January, 2022, by the following I
vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JAN C. HARNIK, MAYOR
v'
ATTEST:
NIAMH M. ORTEGA,COhPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
-79-